Orchard House Surgery

01900 603985

Privacy

Privacy Notice – North Cumbria Primary Care Ltd

PRIVACY NOTICE
(June 21)

The General Practices operating under North Cumbria Primary Care Ltd are located across North Cumbria with effect from 1st August 2019. The practices are responsible to provide General Practice Services working within Primary Care and as part of an Integrated Care System. The Organisation encompasses services previously delivered independantly by the individual General Practices which include;

Practice Name Locality
Eden Medical Group Carlisle
Warwick Square Group (Grosvenor and Morton) Carlisle
James Street Group Practice Workington
Fellview Medical Copeland
Queen Street Medical Practice Copeland
Lowther Medical Centre Copeland

Seascale and Bootle Medical Centre Copeland

NCPC also includes the following additional services:

• Partnership working with the Primary Care Networks in the Carlisle Locality (Carlisle Network PCN), Workington Locality and Copeland Locality providing care in patients homes or community settings.
• Primary Care Extended Access Contract & Copeland Same Day Health Service
• Nurse Visiting Contract (Paramedic Visiting)
• Care Home Visiting Scheme
• Frailty Care Coordinator Contract (Copeland and Carlisle)

The Practices operating under North Cumbria Primary Care Ltd work within an Integrated Care System and we aim to build on the collaborative working already happening; i.e. sharing resources, talents, and capabilities to lead to improve quality, greater opportunities, reduce duplication and lead to greater efficiencies.

For more information please refer to the NCPC website https://www.ncpcalliance.nhs.uk/

This notice explains how we use and share your information. Information may be collected on paper, online, telephone, email, CCTV or by a member of our staff, or one of our partners.

The practices are registered as individual Data Controllers at the Information Commissioners Office (ICO);
Practice Name – Locality – ICO Registration Number
Eden Medical Group Carlisle ZA928556

Warwick Square Group (Grosvenor and Morton) Carlisle Z3213385
James Street Group Practice Workington Z5516069
Fellview Medical
Copeland ZA758118
Queen Street Medical Practice Copeland Z7156061

Lowther Medical Centre Copeland ZB065464
Seascale and Bootle Medical Centre Copeland Z5585267

North Cumbria Primary Care Ltd (Head Office) is a registered Data Controller. Information Commissioner Office (ICO) registration no ZA437622.
We will continually review and update this privacy notice to reflect changes in our services and feedback from service users, as well as to comply with changes in the Law. There may also be significant changes within the Cumbrian health economy as an Integrated Care organisation we evolve.

Building Integrated Care – Happier, Healthier communities

The NHS is changing to meet the needs of our community and the increased demands for services. In January 2019 the NHS published its Long Term Plan setting out how the NHS will meet the challenges it faces. We need to join up how we co-ordinate and deliver health and care to better support people who are now living longer with a number of long term conditions, such as diabetes, heart disease and dementia. As a system in North Cumbria our health and care providers and commissioners are working in partnership with the third sector and our community to develop an integrated care system. This means that instead of working just within our individual organisations we are working together and collaborating across all parts of the health and care system to improve outcomes for our local population. Our six aims over the next five years are:

• Support people to live well – we will make sure everyone can access information and support that will help them stay well at all points in their life.
• Access the right care closer to home – create health services around local communities and reduce duplications so we can spend money in the right places.
• Make North Cumbria Primary Care Ltd a great employer and good place to work by providing career opportunities for local people and attracting others to come and work here – we will listen to our staff and provide opportunities for them to have a rewarding career.
• To improve Quality Outcomes (Safety, Outcomes, Patient and Staff Experience) – Raise standards of care to keep you safe and help you recover well.
• Work in partnership with other organisations, working in our Localities and across our organisation and with the Primary Care Networks to help teams work together more effectively.
• As a Not for Profit organisation we are committed to investment – to develop our patient services and staff, to deliver high standards of care – reduce duplication so more resource is focussed on caring for you.

How the NHS and Care Services Use Your Information (National Data Opt Out Programme – NDOP)

North Cumbria Primary Care Ltd is one of many organisations working in the health and care system to improve care for patients and the public. Whenever you use a health or care service, such as attending one of our Practices or using Community Care services or attending Secondary Care, important information about you is collected in a patient record for that service. Collecting this information helps to ensure you get the best possible care and treatment. The information collected about you when you use these services can also be used and provided to other organisations for purposes beyond your individual care, for instance to help with:
• improving the quality and standards of care provided
• research into the development of new treatments
• preventing illness and diseases
• monitoring safety
• planning services
• Friends & Family Survey

This may only take place when there is a clear legal basis to use this information. All these uses help to provide better health and care for you, your family and future generations. Confidential patient information about your health and care is only used like this where allowed by law. Most of the time, anonymised data is used for research and planning so that you cannot be identified in which case your confidential patient information isn’t needed.

You have a choice about whether you want your confidential patient information to be used in this way. If you are happy with this use of information you do not need to do anything. If you do choose to opt out your confidential patient information will still be used to support your individual care. To find out more or to register your choice to opt out, please visit www.nhs.uk/your-nhs-data-matters.

On this web page you will:

• See what is meant by confidential patient information
• Find examples of when confidential patient information is used for individual care and examples of when it is used for purposes beyond individual care
• Find out more about the benefits of sharing data
• Understand more about who uses the data
• Find out how your data is protected
• Be able to access the system to view, set or change your opt-out set ting
• Find the contact telephone number if you want to know any more or to set/change your opt-out by phone
• See the situations where the opt-out will not apply

You can also find out more about how patient information is used at:

https://www.hra.nhs.uk/information-about-patients/ (which covers health and care research);

and

https://understandingpatientdata.org.uk/what-you-need-know (which covers how and why patient information is used, the safeguards and how decisions are made).

You can change your mind about your choice at any time.

Data being used or shared for purposes beyond individual care does not include your data being shared with insurance companies or used for marketing purposes and data would only be used in this way with your specific agreement. Health and care organisations had until 2020 to put systems and processes in place so they can be compliant with the national data opt-out and apply your choice to any confidential patient information they use or share for purposes beyond your individual care. The Practices working under North Cumbria Primary Care Ltd are currently compliant with the national data opt-out policy.

If you have already registered a Type 1 Opt-out with your GP practice your data will not be shared with NHS Digital.
If you wish to register a Type 1 Opt-out with your GP practice before data sharing starts with NHS Digital, this can be done online at;

Make your choice about sharing data from your health records – NHS (www.nhs.uk),

or by returning this form to your GP practice by 25 August 2021 to allow time for processing it.

If you have previously registered a Type 1 Opt-out and you would like to withdraw this, you can also use the form to do this.

You can send the form by post or email to your GP practice or call 0300 3035678 for a form to be sent out to you.

If you register a Type 1 Opt-out after your patient data has already been shared with NHS Digital, no more of your data will be shared with NHS Digital. NHS Digital will however still hold the patient data which was shared with us before you registered the Type 1 Opt-out.

North Cumbria Primary Care sub-contractors

Under separate contractual arrangements NCPC sub contract some of its services to other providers to ensure an efficient service and management of facilities . Examples include facilities management, supported by the NHS England sub-contracting services to allow patients to be seen in a safe environment.

Primary Care Network

The objective of Primary Care Networks (PCNs) is for a group of practices to work together to create more collaborative workforces which ease the pressure of GP’s, leaving them better able to focus on patient care.
Primary Care Networks form a key building block of the NHS long-term plan. Bringing general practices together to work at scale has been a policy priority for some years for a range of reasons, including improving the ability of practices to recruit and retain staff; to manage financial and estates pressures; to provide a wider range of services to patients and to more easily integrate with the wider health and care system.
All GP practices are expected to come together in geographical networks covering populations of approximately 30,000 to 50,000 patients by June 2019 if they are to take advantage of additional funding attached to the GP contract. This size is consistent with the size of the primary care homes, which exist in many places in the country, but much smaller than most GP Federations.

This means the practice may share your information with other practices within the PCN to provide you with your care and treatment.

Cabinet Office: National Fraud Initiative (NFI)

The Practices working under North Cumbria Primary Care Ltd are required to protect the public funds it administers. It may share information provided to it with other bodies responsible for auditing, or administering public funds, or where undertaking a public function in order to prevent and detect fraud. The Cabinet Office is responsible for carrying out data matching exercises. Data matching involves comparing sets of data such as the payroll records of a body against other records held by the same or another body to see how far they match. The data is usually personal information. The data matching allows potentially fraudulent claims and payments to be identified. Where a match is found it may indicate that there is an inconsistency which requires further investigation. No assumption can be made as to whether there is fraud, error or another explanation until an investigation is carried out. We are a mandatory participant in the Cabinet Office’s National Fraud Initiative; a data matching exercise to assist in the prevention and detection of fraud. We are required to provide particular sets of data to the Minister for the Cabinet Office for matching each exercise, as detailed here on the www.gov.uk website. For further information on how NCPC uses your information, please refer to the NCPCs Fair Processing Notice and the Privacy Notice for Staff.

The processing of data by the Cabinet Office in a data matching exercise is carried out with statutory authority under its powers in Part 6 of the Local Audit and Accountability Act 2014. It does not require the consent of the individuals concerned under data protection legislation or the GDPR (General Data Protection Regulation). Data matching by the Cabinet Office is subject to a code of data matching practice, also available on the www.gov.uk website. The Cabinet Office has published its Data Privacy notice, which sets out how the Cabinet Office will use your personal data and your rights. The notice is made under Article 14 of the General Data Protection Regulation (GDPR). The legal basis for processing your personal data is that 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 data controller.
We want you to know that we take privacy very seriously. Please be assured that we will always manage your data securely and responsibly. For further information on data matching at this organisation, please contact the Counter Fraud team on 0191 441 5936 or email [email protected]
When further changes occur, we will revise the last updated date as documented in the Version Control Section of this document.

1) Practice Data Controller and Data Protection Officer contact details

The Practices operating under North Cumbria Primary Care Ltd have individual Data Controllers and Data Protection Officers. Please refer to the information detailed below for contact details relating to the relevant Practice where you are registered as a Patient.

Service Delivery Lead
Eden Medical Group
Port Road
Carlisle
Cumbria
CA2 7AJ
Tel: 01228 524477

Service Delivery Lead
Warwick Square Group
(Grosvenor House and Morton Surgery)
Warwick Square
Carlisle
Cumbria
CA1 1LB
Tel: 01228 536561 (Grosvenor) or 01228 590818 (Morton)

Service Delivery Lead
James Street Group
Workington
Cumbria
CA14 2DL
Tel: 01900 62241

Service Delivery Lead
Fellview Health Care
Birks Road
Cleator Moor
Cumbria
CA25 5HP
Tel: 01946 810427

Or

Service Delivery Lead
Fellview Health Care
Beech House Surgery
St Bridgets Lane
Egremont
Cumbria
CA22 2BD
Tel: 01946 820203

Service Delivery Lead
Queen Street Medical Practice
Richard Benedict House
149, Queen Street
Whitehaven
CA28 7BA
Tel: 01946 694457

Service Delivery Lead
Lowther Medical Centre
1 Castle Meadows
Whitehaven
CA28 7RG
Tel: 01946 692241

Service Delivery Lead
Seascale Health Centre
Gosforth Road
Cumbria
CA20 1PN
Tel: 019467 28101

Bootle Surgery
Chapel Lane
Bootle
Millom
Cumbria
LA19 5UE
Tel: 01229 718711

North Cumbria Primary Care Head Office Details:

Managing Director
North Cumbria Primary Care Ltd
Morton Surgery
Langrigg Road
Carlisle
CA2 6DT

2) Data Protection Officer contact details

Head of Information Governance / Data Protection Officer
North Cumbria Integrated Care NHS Foundation Trust
Maglona House
Unit 68 Kingstown Broadway, Carlisle, CA3 0HA
Tel no: 01228 60 3961
Email : [email protected] or [email protected]

3) Purpose of the processing

The following is a broad description of the way this organisations / data controller processes personal information. To understand how your own personal information is processed you may need to refer to any personal communication you have received from one of our General Practices in North Cumbria Primary Care Ltd or to contact the Data Protection Officer for the relevant General Practice.

Direct Care and Administration Purposes

Direct Care is the care delivered to a patient, some of which can be provided in the patient’s home or on NCPCs premises (i.e. General Practice, Same Day Service, Home Visit, Vaccination Site). Direct care usually results from an appointment or contact with a member of our Clinical Team who provide the relevant service requirements to our patients. As such there is a need to share with relevant and proportionate information with other healthcare workers such as specialists, doctors, nurses, therapists, technicians etc. The information that is shared is to enable the other healthcare workers to provide the most appropriate advice, investigations, treatment, therapies and or care.

As part of our administration purposes, we process information about:
• Our patients
• Suppliers
• Employees
• Complainants, enquirers
• Survey respondents (i.e Friends and Family test )
• Professional experts and consultants
• Individuals captured by CCTV images

Commissioning, Planning and Research Purposes

Most national and local flows of personal data in support of commissioning / planning are established as collections by NHS Digital either centrally or for local flows by Commissioners. Where the collection or provision of data is a legal requirement, NCPC will need to oblige. Data minimisation (or pseudonymisation) is a standard process for commissioning, planning and research purposes, audits, service management, commissioning, contract monitoring and reporting facilities.

Safeguarding

Advice and guidance is provided to care providers to ensure that adults and children’s safeguarding matters are managed appropriately. Access to identified information will be shared in some limited circumstances where it’s legally required for the safety of the individuals concerned.

Serious Incident Management

The Practices operating under North Cumbria Primary Care Ltd work with provider and commissioning organisations to ensure effective governance and to learn from Serious Incidents. The Francis Report (February 2013) emphasised providers has a responsibility for ensuring the quality of health services provided.

Members of Parliament

North Cumbria Primary Care Ltd will handle queries from the MP in relation to the Information Commissioner Guidance. The MP has a responsibility in carrying out constituency work that they have ensured with constituents (data subjects) that personal identifiable information he receives is fairly, lawful and handled in a transparent manner (i.e. obtained your consent). As an additional safeguard, NCPC will advise you directly as a data subject that the MP has contacted NCPC on your behalf to give you an opportunity to dissent from your personal identifiable information being shared.

GP Connect Service

The GP Connect service allows authorised clinical staff at NHS 111 to seamlessly access our practice’s clinical system and book directly on behalf of a patient. This means that should you call NHS 111 and the clinician believes you need an appointment with your GP Practice, the clinician will access available appointment slots only (through GP Connect) and book you an appointment. This will save you time as you will not need to contact the practice direct for an appointment.
The practice will not be sharing any of your data and the practice will only allow NHS 111 to see available appointment slots. They will not even have access to your record. However, NHS 111 will share any relevant data with us, but you will be made aware of this. This will help your GP in knowing what treatment / service / help you may require.
Please note if you no longer require the appointment or need to change the date and time for any reason you will need to speak to one of our reception staff and not NHS 111.

CCTV recording

CCTV is installed on our practice premises covering both the external area of the building and the internal area excluding consulting rooms. Images are held to improve the personal security of patients and staff whilst on the premises, and for the prevention and detection of crime. The images are recorded onto an integral hard drive of the equipment and are overwritten on a rolling basis. Viewing of these digital images is password protected and controlled by the Service Delivery Lead at the Practice.

Telephone system

Our telephone system records all telephone calls. Recordings are retained for up to three years, and are used periodically for the purposes of seeking clarification where there is a dispute as to what was said and for staff training purposes. Access to these recordings is restricted to named senior staff only.

4) Lawful basis for processing

The Practices operating under North Cumbria Primary Care Ltd and NCPC Head Office will process personal identifiable information (article 6) and also special category of personal data (article 9) (including racial and ethnic origin, offences and alleged offences, criminal proceedings, outcomes and sentences, trade union membership (staff), physical or mental health details, religious or similar beliefs, sexual life. The Lawful basis we use
The processing of personal data in the delivery of direct care and for providers’ administrative purposes (i.e. management of serious untoward incidents and safeguarding) in this organisation and in support of direct care elsewhere is supported under the following Article 6 and 9 conditions of the GDPR:
Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’.
Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services…”

We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”* (see below reference)

Lawful basis processing for commissioning and planning purposes (including risk stratification) is
Article 6(1) (c) – for compliance with a legal obligation

For disclosure to NHS Digital is:
Article 6(1)(e) – for the performance of a task carried out in the public interest or in the exercise of official authority.

As for direct care purposes the most appropriate Article 9 condition for commissioning purposes is:
Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.

Lawful basis for research is
Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’.
The Article 9 condition for research is:
Article 9(2)(j) …. Scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on union or member state law which shall be proportionate,… and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subjects.

Lawful basis for Members of Parliament – whereby article 9(3) is satisfied by the elected representatives order, NCPC will process in line with the below principles:
Article 6(1)(e) – …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)(h) – …processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services …..

The General Practices operating under North Cumbria Primary Care Ltd operates secure disclosure / sharing of information practices all of which are recorded as a record of our processing activities (using the Information Sharing Gateway). Further information is available on request. It may sometimes be necessary to transfer personal information overseas. When this is needed information is only shared within the European Economic Area (EEA). Any transfers made will be in full compliance with all aspects of the data protection legislation. Further information is available on request.

5) Recipient or categories of recipients of the processed data

The data will be shared with health care professionals and support staff who work in the individual General Practices operating under North Cumbria Primary Care Ltd, diagnostic and treatment centres who contribute to your personal care for direct care purposes. This will include your General Practice, Community Services and Secondary Care Providers.

The General Practices operating under North Cumbria Primary Care Ltd engages partners in the North and East to conduct audits on clinical processes. This enables the General Practice to continue to develop their quality of care for patients.

Where necessary or required we may consider sharing information with any other categories of recipients:
• Our patients
• Family, associates and representatives of the person whose personal data we are processing
• Staff
• Current, past or 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 advisors and consultants
• Business associates
• Police forces
• Security organisations
• Central and local government
• Voluntary and charitable organisations.

6) Rights to object (Article 21)

You have the right to object to some or all the information being processed under Article 21. Please contact the Data Protection Officer. You should be aware that this is a right to raise an objection, that is not the same as having an absolute right to have your wishes granted in every circumstance

7) Right to access (subject access) and correct (rectification) (Article 15 and Article 16)

You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.

If you wish to make a subject access request (accessing your information). Requests should be addressed to the Service Delivery to the General Practice you are register with. The Practice will aim to respond to your request within one month from receipt of your request.
Please note that Subject Access Requests are for those who wish to obtain information held about them personally and not general information around the Practice or North Cumbria Primary Care Ltd.
Please refer to the Practice website for further information and contact details.

Freedom of Information Requests (FOI)

The Freedom of Information Act (2000) gives every Individual the right to request information held by the General Practice you are registered with. Your request for information must be made in writing and you are entitled to a response within 20 working days.
Please refer to the Practice website for further information and contact details.

8) Automated Decision Making, including Profiling As an organisation we currently do not undertake any automated decision making, including profiling activities

9) Retention period The data will be retained in line with the law and national guidance.

https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016

or speak to the Data Protection Officer

10) Right to Complain.

If you have a complaint about one of our General Practices. The Practice will use your information to communicate with you and investigate any complaint. Please note that the complaint will not form part of your health care record. Please refer to the Practice website for further information in relation to our complaints policy and contact details or telephone the relevant practice. The Service Delivery Lead will support you with your complaint in conjunction with the NCPC and NHS Complaints Policy.
(The Practice Contact Details are detailed at this document)
Should you have any concerns about how your information is to be used having read this Fair Processing / Privacy Notice or you wish to request the notice in another format please contact the Data Protection Officer.

If you are not happy with our response and have exhausted all the avenues you have the right to complain to the

Parliamentary and Health Service Ombudsman, you can use this link
https://www.ombudsman.org.uk/

or calling their helpline Tel: 0345 015 4033

Or if relevant the;

Information Commissioner’s Office, you can use this link https://ico.org.uk/global/contact-us/

or calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)
Wycliffe House
Water Lane
WILMSLOW
Cheshire
SK9 5AF
Or email: [email protected]

* “Common Law Duty of Confidentiality”,

Common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as ‘judge-made’ or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent. The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider’s consent. In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.
Three circumstances making disclosure of confidential information lawful are:
• where the individual to whom the information relates has consented;
• where disclosure is in the public interest; and
• where there is a legal duty to do so, for example a court order.

General Data Protection Regulation Statement

The General Practices operating under North Cumbria Primary Care Ltd have individual ‘Data Controllers’ under the General Data Protection Regulations. This means we are legally responsible for ensuring that all personal data that we hold and use is done so in a way that meets the current and future data protection principles. We must also notify the Information Commissioner about all of our data processing activity. The Practices registration numbers are detailed as follows;

Practice Name Locality ICO Registration Number
Eden Medical Group Carlisle ZA928556
Warwick Square Group (Grosvenor and Morton) Carlisle Z3213385
James Street Group Practice Workington Z5516069
Fellview Medical Copeland ZA758118
Queen Street Medical Practice Copeland Z7156061
Lowther Medical Centre Copeland ZB065464
Seascale and Bootle Medical Centre Copeland Z5585267

North Cumbria Primary Care Ltd Head Office: Our registration number is ZA437622 and all of our registered entries can be found on the Information Commissioner’s website.
All of our staff receive annual information governance training to ensure they remain aware of their responsibilities. They are obliged in their employment contracts to uphold confidentiality, and may face disciplinary procedures if they do not do so.
As a Primary Care Provider (Group of General Practices operating under North Cumbria Primary Care Ltd) we have entered into contracts with other organisations to provide services for us. These range from software companies to provide our Electronic Patient Records to contractors who provide specialist clinical services that help provide a better service to you as a patient. These contractors may hold and process data including patient information on our behalf. These contractors are subject to the same legal rules and conditions for keeping personal information confidential and secure. We are responsible for making sure that staff in those organisations are appropriately trained and that procedures are in place to keep information secure and protect privacy. These conditions are written into legally binding contracts, which we will enforce if our standards of information security are not met and confidentiality is breached.
We will not share, sell or distribute any of your personal information to any third party (other person or organisation) without your consent, unless required by Law. Data collected will not be sent to countries where the Laws do not protect your privacy to the same extent as the law in the UK, unless rigorous checks on the security and confidentiality of that data are carried out in line with legal requirements.

Version Control
Version Date Comments
Version 1 June 21 Revised practice details, additional information added complaints, NHS digital patient data extraction and additional Primary Care Data