Privacy Notice

Privacy Notice

This page explains why Locala Homecare collects personal information about you, the ways in which such information may be used, and your rights under the General Data Protection Regulation.

Security of information

Confidentiality affects everyone: Locala Homecare collects, stores and uses large amounts of personal and sensitive personal data every day, such as medical records, personal records and computerised information. This data is used by many people in the course of their work.

Legal basis for the processing of your data

The General Data Protection Regulation (GDPR) 2018 requires Locala Homecare to process:

Sensitive personal data (Health Records) under 9(2)(h) – “Necessary for the reasons of preventative or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services” and occasionally 9(2)(c) “when it is necessary to protect the vital interests of a person who is physically or legally incapable of giving consent”

Personal data under 6(1)(f) “Processing is necessary for the purposes of the legitimate interests pursued by the controller or by third party, except where such interests are overridden by the interests or fundamental rights and freedom of the data subject which require protection of personal data, in particular where the data subject is a child (Data Controller)” and occasionally  6(1)(d) “ when it is necessary to protect the vital interests of a person who is physically or legally incapable of giving consent”

Why do we collect information about you?

All clinicians and health and social care professionals caring for you keep records about your health, and any treatment and care you receive from the NHS. These records help to ensure that you receive the best possible care. They may be paper or electronic and they may include:

  • Basic details about you such as name, address, email address, NHS number, date of birth, next of kin, etc.
  • Contact we have had with you such as appointments or clinic visits.
  • Notes and reports about your health, treatment and care – A&E visits, in patient spells or clinic appointments
  • Details of diagnosis and treatment given
  • Information about any allergies or health conditions.
  • Results of x-rays, scans and laboratory tests.
  • Relevant information from people who care for you and know you well such as health care professionals and relatives.

It is essential that your details are accurate and up to date. Always check that your personal details are correct when you visit us and please inform us of any changes to your contact details or GP Practice as soon as possible. This minimises the risk of you not receiving important correspondence.

By providing Locala Homecare with your contact details, you are agreeing to us communicating with you about your healthcare, i.e. by letter (postal address), by voice mail or voice message (telephone or mobile number), by text message (mobile number) or by email (email address).

How your personal information is used

In general your records are used to direct, manage and deliver the care you receive to ensure that:

  • The doctors, nurses and other health or social care professionals involved in your care have accurate and up to date information to assess your health and decide on the most appropriate care for you.
  • Health or social care professionals have the information they need to be able to assess and improve the quality and type of care you receive.
  • Your concerns can be properly investigated if a complaint is raised.
  • Appropriate information is available if you see another clinician, or are referred to a specialist or another part of the NHS or social care.

Care Free

  • Care Free is a shared system that allows health or social care professionals within Locala Homecare to appropriately access the most up-to-date and accurate information about you to deliver the best possible care.

The Records Management Code of Practice

  • The Records Management Code of Practice for Health and Social Care 2016 is a guide for the NHS to use in relation to the practice of managing records. It is relevant to organisations who work within, or under contract to NHS organisations in England. This also includes public health functions in Local Authorities and Adult Social Care where there is joint care provided within the NHS.
  • The Code is based on current legal requirements and professional best practice. It will help organisations to implement the recommendations of the Mid Staffordshire NHS Foundation Trust Public Inquiry1 relating to records management and transparency.
  • https://www.gov.uk/government/publications/records-management-code-of-practice-for-health-and-social-care

 

How long health records are retained

All patient records are destroyed in accordance with the NHS Records Retention Schedule, which sets out the appropriate length of time each type of NHS records is retained.

Locala Homecare does not keep patient records for longer than necessary and all records are destroyed confidentially once their retention period has been met, and we have made the decision that the records are no longer required

When do we share information about you?

We share information about you with others directly involved in your care; and also share more limited information for indirect care purposes, both of which are described below:

Everyone working within Locala Homecare has a legal duty to keep information about you confidential. Similarly, anyone who receives information from us also has a legal duty to keep it confidential.

Direct Care Purposes

  • Other NHS Trusts and hospitals that are involved in your care.
  • NHS Digital and other NHS bodies.
  • General Practitioners (GPs).
  • Ambulance Services.

You may be receiving care from other people as well as the NHS, for example Social Care Services. We may need to share some information about you with them so we can all work together for your benefit if they have a genuine need for it or we have your permission. Therefore, we may also share your information, subject to strict agreement about how it will be used, with:

  • Social Care Services.
  • Education Services.
  • Local Authorities.
  • Voluntary and private sector providers working with the NHS.

We will not disclose your information to any other third parties without your permission unless there are exceptional circumstances, such as if the health and safety of others is at risk or if the law requires us to pass on information.

Indirect Care Purposes:

We also use information we hold about you to:

  • Review the care we provide to ensure it is of the highest standard and quality
  • Ensure our services can meet patient needs in the future
  • Investigate patient queries, complaints and legal claims
  • Ensure we receive payment for the care you receive
  • Prepare statistics regarding NHS performance
  • Audit NHS accounts and services
  • Undertake heath research and development (with your consent – you may choose whether or not to be involved)
  • Help train and educate healthcare professionals

Nationally there are strict controls on how your information is used for these purposes. These control whether your information has to be de-identified first and with whom we may share identifiable information. You can find out more about these purposes, which are also known as secondary uses, on the NHS England and NHS Digital’s websites:

When other people need information about you

Everyone working in Health and Social Care has a legal duty to keep information about you confidential and anyone who receives information from us is also under a legal duty to keep it confidential.

From time to time we may need to share information with other professionals and services concerned in your care. This may be for instance, when your healthcare professional needs to discuss your case with other professionals (who do not work for Locala Homecare) in order to plan your care. We do this in order to provide the most appropriate treatment and support for you and your carers, or when the welfare of other people is involved. We will only share information in this way if we have your permission and it is considered necessary.

There may be other circumstances when we must share information with other agencies. In these rare circumstances we are not required to seek your consent.

Examples of this are:

  • If there is a concern that you are putting yourself at risk of serious harm
  • If there is a concern that you are putting another person at risk of serious harm
  • If there is a concern that you are putting a child at risk of harm
  • If we have been instructed to do so by a court
  • If the information is essential for the investigation of a serious crime
  • If you are subject to the Mental Health Act (1983), there are circumstances in which your ‘nearest relative’ must receive information even if you object
  • If your information falls within a category that needs to be notified for public health or other legal reasons, e.g. Certain infectious diseases

Data subjects rights

Under the General Data Protection Regulation (GDPR) you have:

  • a right to confirmation that your personal data is being processed and access to a copy of that data which in most cases will be Free of Charge and will be available within 1 month (which can be extended to two months in some circumstances)
  • Who that data has or will be disclosed to;
  • The period of time the data will be stored for
  • a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed;
  • Data Portability – data provided electronically in a commonly used format
  • The right to be forgotten and erasure of data does not apply to an individual’s health record or for public health purposes
  • The right to lodge a complaint with a supervising authority (see Raising a concern page 7)

Your right to object

  • You have the right to restrict how and with whom we share information in your records that identifies you. If you object to us sharing your information we will record this explicitly within your records so that all healthcare professionals and staff involved with your care are aware of your decision. If you choose not to allow us to share your information with other health or social care professionals involved with your care, it may make the provision of treatment or care more difficult or unavailable.
  • Please discuss any concerns with the clinician treating you so that you are aware of any potential impact. You can also change your mind at any time about a disclosure decision

Refusing or withdrawing consent

  • The possible consequences of refusing consent will be fully explained to you at the time, and could include delays in receiving care.
  • In those instances where the legal basis for sharing of confidential personal information relies on your explicit or implied consent, then you have the right at any time to refuse your consent to the information sharing, or to withdraw your consent previously given.
  • In instances where the legal basis for sharing information without consent relies on HRA CAG authorisation under Section 251 of the NHS Act 2006, then you have the right to register your objection to the disclosure, and we are obliged to respect that objection.
  • In instances where the legal basis for sharing information relies on a statutory duty/power, you cannot refuse or withdraw consent for the disclosure

 

You have a right to make a Subject Access Request of surveillance information recorded of yourself and ask for a copy of it. Requests should be directed to the address below and you will need to provide further details as contained in the section ‘How you can access your records’. The details you provide must contain sufficient information to identify you and assist us in finding the images on our systems.

We reserve the right to withhold information where permissible by the General Data Protection Regulation (GDPR) 2018 and we will only retain surveillance data for a reasonable period or as long as is required by law. In certain circumstances (high profile investigations, serious or criminal incidents)

How you can access your records

The GDPR 2018 gives you a right to access the information we hold about you on our records. Requests must be made in writing to the Resolution team. We will provide your information to you within one month (this can be extended dependent on the complexity of the request) from receipt of your application:

Before fulfilling your request we will need to be able to verify your identity and will ask you to provide relevant documents.

Information will be provided free of charge except where requests are unfounded or excessive, in particular repeat requests when we may either charge a reasonable fee or refuse to act on the request.

Resolution Team

Beckside Court (1st Floor)

286 Bradford Road

Batley, West Yorkshire, WF17 5PW

Tel: 030 3330 8831

Email: resolution@locala.org.uk

 

Data controller

The Data Controller responsible for keeping your information confidential is:

Locala Homecare,

Beckside Court (1st Floor)

286 Bradford Road, Batley, West Yorkshire, WF17 5PW

Data Protection Officer Contact:

Gwyneth Ruddlesdin

Tel: 030 3003 4484

Email: gwyneth.ruddlesdin@locala.org.uk

Raising a concern

Patients who have a concern about any aspect of their care or treatment at Locala Homecare, or about the way their records have been managed, should contact the Customer Liaison Team on

030 3003 4529.

If you have any concerns about how we handle your information you have a right to complain to the Information Commissioners Office about it.

The GDPR 2018 requires organisations to lodge a notification with the Information Commissioner to describe the purposes for which they process personal information. These details are publicly available from:

Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow, SK9 5AF

Telephone: 08456 306060

Website: www.ico.gov.uk

Freedom of Information

The Freedom of information Act 2000 provides any person with the right to obtain information held by the Calderdale and Huddersfield NHS Foundation Trust, subject to a number of exemptions. If you would like to request some information from us, please visit the Freedom of information section of our website.

Please note: if your request is for information we hold about you (for example, your health record), please instead see above, under “How You Can Access Your Records”.