Practice Policies & Patient Information
Data Protection
Data Protection Notice
The following notice applies from 14th November 2024
- About Links Medical Centre
This practice is an NHS Lothian managed GP practice providing primary medical services by way of a contract, made under the National Health Service (Scotland) Act 1978 (the 1978 Act). It is one of the organisations which form part of NHS Scotland (NHSS).
- About the personal information we use
We use personal information on different groups of individuals including:
- Patients
- Staff
- Contractors
- Suppliers
- Complainants, enquirers
- Survey respondents
- Professional experts and consultants
- Individuals captured by CCTV
The personal information we use includes information that identifies you like your name, address, date of birth and postcode.
We also use more sensitive types of personal information, including information about racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic and biometric data, health; sex life or sexual orientation.
The information we use can relate to personal and family details; education, training, and employment details; financial details; lifestyle and social circumstances; goods and services; visual images; details held in the patient record; responses to surveys.
- Our purposes for using personal information
Under the 1978 Act, Links Medical Centre has the statutory responsibility to provide or arrange for the provision of a range of healthcare, health improvement and health protection services. We are given these tasks so that we can help to promote the improvement of the physical and mental health of the people of NHS Lothian and assist in operating a comprehensive and integrated national health service in Scotland.
We use personal information to enable us to provide healthcare services for patients (including reminding you of appointments), data matching under the national fraud initiative; research; supporting and managing our employees; maintaining our accounts and records and the use of CCTV systems for crime prevention.
- Our legal basis for using personal information
Links Medical Centre, as data controller, is required to have a legal basis when using personal information. Links Medical Centre considers that performance of our tasks and functions are in the public interest. So, when using personal information our legal basis is usually that its use is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in us. In some situations, we may rely on a different legal basis; for example, when we are using personal information to pay a supplier, our legal basis is that its use is necessary for the purposes of our legitimate interests as a buyer of goods and services. Another example would be for compliance with a legal obligation to which Links Medical Centre is subject to, for example under the Public Health etc (Scotland) Act 2008 we are required to notify Health Protection Scotland when someone contracts a specific disease.
When we are using more sensitive types of personal information, including health information, our legal basis is usually that the use is necessary:
- for the provision of health or social care or treatment or the management of health or social care systems and services; or
- for reasons of public interest in the area of public health; or
- for reasons of substantial public interest for aims that are proportionate and respect people’s rights; or
- for archiving purposes, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards; or
- in order to protect the vital interests of an individual; or
- for the establishment, exercise, or defence of legal claims or in the case of a court order.
On rare occasions we may rely on your explicit consent as our legal basis for using your personal information. When we do this, we will explain what it means, and the rights that are available, to you. You should be aware that we will continue to ask for your consent for other things like taking part in a drug trial, or when you are having an operation.
- Who provides the personal information
When you do not provide information directly to us, we receive it from other individuals and organisations involved in the delivery of health and care services in Scotland. These include other NHS Boards and primary care contractors such as GPs, dentists, pharmacists and opticians, other public bodies e.g. Local Authorities and suppliers of goods and services.
- Sharing personal information with others
Depending on the situation, where necessary we will share appropriate, relevant and proportionate personal information in compliance with the law, with the following:
- Our patients and their chosen representatives or carers
- Staff
- Current, past and potential employers
- Healthcare social and welfare organisations
- Suppliers, service providers, legal representatives
- Auditors and audit bodies
- Educators and examining bodies
- Research organisations
- People making an enquiry or complaint
- Financial organisations
- Professional bodies
- Trade Unions
- Business associates
- Police forces.
- Security organisations.
- Central and local government.
- Voluntary and charitable organisations.
- Transferring personal information abroad
It is sometimes necessary to transfer personal health information overseas for example if you require urgent medical treatment abroad. When this is needed information may be transferred to countries or territories around the world. Any transfers made will be in full compliance with NHSScotland Information Security Policy.
- Retention periods of the information we hold
Within Links Medical Centre we keep personal information as set out in the Scottish Government Records Management Code of Practice for Health and Social Care. The Code of Practice sets out minimum retention periods for information, including personal information, held in different types of records including personal health records and administrative records. As directed by the Scottish Government in the Records Management Code of Practice, we maintain a retention schedule as part of our Records Management policy detailing the minimum retention period for the information and procedures for the safe disposal of personal information.
- How we protect personal information
We take care to ensure your personal information is only accessible to authorised people. Our staff have a legal and contractual duty to keep personal health information secure, and confidential. The following security measures are in place to protect personal information:
- All staff undertake mandatory training in Data Protection and IT Security
- Compliance with NHS Scotland Information Security Policy
- Organisational policy and procedures on the safe handling of personal information
- Access controls and audits of electronic systems
- Your rights
This section contains a description of your data protection rights within Links Medical Centre.
The right to be informed
Links Medical Centre must explain how we use your personal information. We use a number of ways to communicate how personal information is used, including:
- This Data Protection Notice
- Information leaflets
- Discussions with staff providing your care
The right of access
You have the right to access your own personal information.
This right includes making you aware of what information we hold along with the opportunity to satisfy you that we are using your information fairly and legally.
You have the right to obtain:
- Confirmation that your personal information is being held or used by us
- Access to your personal information
- Additional information about how we use your personal information
Although we must provide this information free of charge, if your request is considered unfounded or excessive, or if you request the same information more than once, we may charge a reasonable fee.
If you would like to access your personal information, you can do this by submitting a written request to the Practice Manager at the following address:
Links Medical Centre
4 Hermitage Place
Edinburgh
EH6 8BW
Telephone: 0131 554 1036
Email: loth.patientemaillinks@nhs.scot
Please note, emails from your private email address may not be secure.
Once we have received your request and you have provided us with enough information for us to locate your personal information, we will respond to your request without delay, within one month (30 days). However, if your request is complex, we may take longer, by up to two months, to respond. If this is the case, we will tell you and explain the reason for the delay.
The right to rectification
If the personal information we hold about you is inaccurate or incomplete you have the right to have this corrected.
If it is agreed that your personal information is inaccurate or incomplete, we will aim to amend your records accordingly, normally within one month, or within two months where the request is complex. However, we will contact you as quickly as possible to explain this further if the need to extend our timescales applies to your request. Unless there is a risk to patient safety, we can restrict access to your records to ensure that the inaccurate or incomplete information is not used until amended.
If for any reason we have shared your information with anyone else, perhaps during a referral to another service for example, we will notify them of the changes required so that we can ensure their records are accurate.
If on consideration of your request Links Medical Centre does not consider the personal information to be inaccurate then we may add a comment to your record stating your concerns about the information. If this is case, we will contact you within one month to explain our reasons for this.
If you are unhappy about how Links Medical Centre has responded to your request for rectification, we will provide you with information on how you can complain to the Information Commissioner’s Office, or how to take legal action.
The right to object
When Links Medical Centre is processing your personal information for the purpose of the performance of a task carried out in the public interest or in the exercise of official authority you have the right to object to the processing and also seek that further processing of your personal information is restricted. Provided Links Medical Centre can demonstrate compelling legitimate grounds for processing your personal information, for instance; patient safety or for evidence to support legal claims, your right will not be upheld.
Other rights
There are other rights under current Data Protection Law however these rights only apply in certain circumstances. For further information on these rights please visit ico.org.uk/for-the-public.
The right to complain
Links Medical Centre employ a Data Protection Officer to check that we handle personal information in a way that meets data protection law. If you are unhappy with the way in which we use your personal information, please tell our Data Protection Officer using the contact details below.
Data Protection Officer
Information Governance
Woodlands House
74 Canaan Lane
Edinburgh
EH9 2TB
Phone – 0131 465 5444
Email: Loth.DPO@nhs.scot
Please note emails from your private email address may not be secure.
You also have the right to complain about how we use your personal information to the Information Commissioner’s Office (ICO). Details about this are on their website at www.ico.org.uk
Please note emails from your private email address may not be secure.
You also have the right to complain about how we use your personal information to the Information Commissioner’s Office (ICO). Details about this are on their website at https://ico.org.uk/your-data-matters/how-to-make-a-data-protection-complaint/
Our ICO registration number is Z5757124 (NHS Lothian)
- Translation Service/ Accessibility
If you require a translation service, please find details to enquire below.
Interpretation and Translation Service
NHS Lothian Staff Bank
Comely Bank Centre
13 Crewe Road South
Edinburgh,
EH4 2LD
Telephone: 0131 536 2020 option 5 option 5
Email: loth.staffbankits@nhs.scot
- DataLoch
For further information regarding NHS Lothian DataLoch Programme please go to https://dataloch.org/
- Invitation to take part in research
Research is essential for progress within the NHS. Links Medical Centre may invite you to take part in a research study. Links Medical Centre do this with the support of specialist NHS staff who identify eligible patients from their medical record.
No data is provided to researchers without specific consent from patients.
Patients have the right to opt out of being contacted about research studies. Please let the reception staff, practice manager or your GP know if you wish to opt out.
Children’s Data Protection Notice – Your Rights & Privacy (nhslothian.scot)
New Data Protection Regulations – May 2018 (GDPR)
Rights and Responsibilities
Everyone has certain rights when using NHS services.
You Have the Right to:
- Receive treatment from a general practitioner.
- Receive information on health services.
- Have your treatment explained to you.
- Refuse to be treated in front of students or to be involved in medical trials.
- Have a relative or friend with you.
- Have access to an interpreter or signer.
- Confidentiality at all times.
- Have access to emergency medical care.
- Complain without discrimination.
- Have access to contraceptive and maternity services.
- Receive treatment regardless of your race, gender, age, social class, religion, sexual orientation, appearance, disability or medical condition.
Your Responsibilities
You Can Help Yourself and Health Care Staff by Doing the Following:
- Be on time for your appointments.
- Tell the Surgery or clinic if you cannot keep an appointment.
- Tell your GP, or hospital you are attending, if you move home or change your telephone number.
- Use emergency services responsibly.
- Treat health care staff politely.
- Pass on your comments to health care staff.
- Take care with medicines, do not use medicines which are out of date – your Pharmacist can safely dispose of these for you.
GP Services
You have the right to be registered with a GP. Ask your preferred Surgery if you can be registered on their list.
To change GP, ask to be registered at the Surgery you want to join. Your health records will be transferred to your new GP. You do not need to tell your current GP, but it is helpful if you do.
A GP can remove you from the Practice list at any time and does not have to give a reason. This is rare and usually only happens if a patient has been abusive or violent, or if you have moved outside the Practice area. Your GP may also remove you from the practice list if you often miss appointments. They will warn you before they do this.
Practice DNA Policy
DNA – Did Not Attend Policy
A ‘DNA’ (Did Not Attend) is an occasion on which a patient does not attend a booked appointment with a member of the practice team without contacting the surgery to cancel prior to the appointment time.
In 2018 the average number of appointments lost each month due to DNA was 120. This is the equivalent of 20 hours wasted each month. Over a year this is the equivalent of 32 working days of clinical time wasted each year. The loss of this clinical time has a detrimental effect on the service that we provide to patients and we wish to keep this to a minimum. We feel that it is reasonable to ask patients to let us know in advance if they do not intend or are not able to keep their appointment. Patients who are experiencing ongoing difficulties in keeping their appointments should discuss this with the surgery.
The surgery reserves the right to remove patients from the practice list if they DNA three appointments within a 12 month period.
When a patient does not attend an appointment without giving advance notice the doctor will code the missed appointment on the patient record. This generates a DNA letter that is sent to the patient.
DNA Letter 1
The purpose of this letter is to remind patients of the importance of attending appointments.
DNA Letter 2
If a patient DNAs two appointments within a twelve month period a second DNA letter is generated, explaining that should there be a further DNA within the twelve month period that the surgery would consider removing the patient from the practice list.
DNA Letter 3
In the event of a third DNA within a twelve-month period, a further letter would be sent to the patient, the case will be reviewed by a member of the medical team and the patient may be removed from the practice list. In this eventuality, NHS Lothian will be informed and the patient will need to register with an alternative practice.
Exclusions
No patient will be removed from the practice list without due consideration of their individual circumstances and reasons for non-attendance. The purpose of this policy is not to penalise patients with valid medical reasons for non-attendance.
If the practice is aware of special circumstances surrounding a patient’s non-attendance, for example, patients who have been admitted to hospital or have dementia, the medical team reserve the right to exclude the patient from management under this policy.
Patients concerned regarding their management under this policy or who are having problems attending should speak to the surgery. Lack of organisation or forgetting is not an acceptable reason for non-attendance.
Your Rights
The Right to be Informed
- This Data Protection Notice.
- Information leaflets.
- Discussions with staff providing your care.
The Right of Access
You have the Right to Obtain
4 Hermitage Place,
Leith,
EH6 8BW.
The Right to Object
When NHS Lothian is processing your personal information for the purpose of the performance of a task carried out in the public interest or in the exercise of official authority you have the right to object to the processing and also seek that further processing of your personal information is restricted. Provided NHS Lothian can demonstrate compelling legitimate grounds for processing your personal information, for instance; patient safety or for evidence to support legal claims, your right will not be upheld.
The Right to Complain
Data Protection Officer
NHS Lothian Waverley Gate,
2-4 Waterloo Place,
Edinburgh,
EH1 3EG
Tel – 0131 465 5444
Lothian.DPO@nhs.net
Please note email from your private address may not be secure.
You also have the right to complain about how we use your personal information to the Information Commissioner’s Office (ICO). Details about this are on their website at www.ico.org.uk.
Zero Tolerance
The NHS operate a zero-tolerance policy with regard to violence and abuse and the practice has the right to remove violent patients from the list with immediate effect in order to safeguard practice staff, patients and other persons. Violence in this context includes actual or threatened physical violence or verbal abuse which leads to fear for a person’s safety. In this situation, we will notify the patient in writing of their removal from the list and record in the patient’s medical records the fact of the removal and the circumstances leading to it.