We will be using legal basis Article 9(1)(i) while the Coronavirus pandemic is being managed by the NHS:
Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy.
This means we will share patient and staff information in order to manage our response to the Coronavirus.
A privacy notice describes how Tees, Esk and Wear Valleys NHS Foundation Trust (TEWV) will use your personal information to help your recovery. Personal information is information that identifies you as an individual.
The following information is a short version of our full privacy notice. You can request a hard copy from a member of clinical staff.
Privacy notices for carers and associated people and service users or carers accessing liaison and diversion services are also available.
Data protection officer
Ms Louise Eastham
Head of Information Governance
Lanchester Road Hospital
We keep and use your personal information to help us to look after you and to give you the best care because we have a legal obligation under the Health and Social Care Act 2012 and Care Act 2014 as a National Health Service provider (NHS Trust).
Our lawful reason for processing your information is:
“It is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.”
Information we keep about you:
- Your name, date of birth, where you live, your family or carers names.
- Health appointments.
- Test results.
- Information about your health and social care.
- Any care plan you have received.
How long do we keep your information
We will keep your information according to the NHS records retention times. We must not keep information for longer than necessary.
Where we get your information if not directly from you
We normally would get some of your information from your general practitioner (GP). We might get some information from social services.
Automated decisions and profiling
We do not use your information in automated decision making or profiling.
We may routinely share your personal information with external organisations which are involved in your care or treatment. We do not need your consent to do this.
We may share with:
- other NHS Trusts, such as Acute NHS Trusts
- Local Authority Social Services
- your GP.
Sometimes, if your care involves organisations from the external sector we will also share your information with them. You will be made aware of this at the time.
Sometimes we have to share your information even though you don’t want us to, but we will have a legal reason for doing this.
If you want to know exactly who we’ve shared your information with or exercise your right to access the information we hold about you, please contact our Data Protection Team:
We will seek your consent.
There may be some occasions when we need to seek your consent, ie when we use your personal information for reasons not related directly to your care and treatment.
You can withdraw your consent at any time.
National data opt out – Your NHS data matters
You can decide whether some of your information is shared. Further information is available in the full privacy notice on the TEWV website or at NHS Digital. If you want to know exactly who we’ve shared your information with or exercise your right to access the information we hold about you, contact our data protection team:
Processing for research purposes
TEWV will only carry out legitimate research in the public interest and if you are identified as a possible candidate, we will always ask you if you would like to participate. We will not screen those service users who have chosen not to share their data on NHS Digital’s National Data Opt Out. You don’t have to take part in our research and it will not affect your care and treatment if you choose not to. If you do take part and then change your mind, you can withdraw your consent at any time. Please refer to the full Privacy Notice on the TEWV website.
What are your rights?
You have the following rights:
- Confirmation that we are processing your personal data.
- A copy of your personal data and other information that we keep about you.
(There will be no charge to access your personal information/records).
- The right to request mistakes to be corrected and incomplete information completed.
- The right to erasure, restriction of processing and object to processing; however, under some circumstances these rights may not apply.
You have a right to make a complaint to the Information Commissioner’s Office:
Cheshire SK9 5AF
You can talk to the data protection officer for advice on any of these rights. You may also talk to your care team about the use of your personal information.
Concerns and complaints
If you are unhappy about the way we have handled your information, you may wish to make a complaint.
Visit our concerns and complaints information, for advice on how you can do this and the support available.