This GP practice has agreed to take part in the DataLoch research programme. Both your GP practice and NHS Lothian are the data controller for the DataLoch programme (Data is only hosted within NHS Lothian), and are working in partnership with the University of Edinburgh. The aims of the DataLoch programme are to support research for the benefit of local residents in the South-East Scotland region. A Data Sharing Agreement is in place that covers the sharing of patient data with DataLoch, and all approved research is anonymous.
In line with data protection legislation, the legal basis that permits processing of patient data is:
• 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
• 9(2)(j) – Processing is necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes in accordance with Article 89(1)
The DataLoch website covers the researcher data, public enquiries, and newsletter subscriptions for which the University of Edinburgh is the Data Controller: https://dataloch.org/privacy-notice
About the Personal Information we Use
- Complainants, enquirers,
- Survey respondents,
- Professional experts and consultants,
- Individuals captured by CCTV.
Our Legal Basis for Using Personal Information
- 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, for example research; 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
- Our patients and their chosen representatives or carers.
- 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.
How we 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.
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.
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.
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.
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.
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,
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,
Tel – 0131 465 5444
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.
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.