Privacy Notice – NHS Digital. V1. 24/05/2018

NHS Digital is the secure haven* for NHS patient data, a single secure repository where data collected from all branches of the NHS is processed.  NHS Digital provides reports on the performance of the NHS, statistical information, audits and patient outcomes (https://digital.nhs.uk/data-and-information).  Examples include: A/E and outpatient waiting times, the numbers of staff in the NHS, percentage target achievements, payments to GPs etc and more specific targeted data collections and reports such as Female Genital Mutilation, general practice appointments data and English National Diabetes Audits.  GPs are required by the Health and Social Care Act to provide NHS Digital with information when instructed.  This is a legal obligation which overrides any patient wishes. These instructions are called “Directions”.  More information on the directions placed on GPs can be found at https://digital.nhs.uk/article/8059/NHS-England-Directions- and www.nhsdatasharing.info

1) Data Controller contact details     Dr Stephen McKenzie Margaret Thompson Medical Centre Liverpool L24 6TH  
2) Data Protection Officer contact details     Dr Savita Mittal Gateacre Medical Centre Liverpool L25 2PA (Interim DPO until Liverpool GPPO Federation employs permanent)]
3) Purpose of the processing To provide the Secretary of State and others with information and reports on the status, activity and performance of the NHS.  They provide specific reporting functions on identified data.
4) Lawful basis for processing The legal basis will be Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.” And Article 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 on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;”
5) Recipient or categories of recipients of the shared data The data will be shared with NHS Digital according to directions which can be found at https://digital.nhs.uk/article/8059/NHS-England-Directions-
6) Rights to object You have the right to object to some or all of the information being shared with NHS Digital.  Contact the Data Controller or the practice.
7) Right to access and correct 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.
8) Retention period The data will be retained for active use during the processing and thereafter according to NHS Policies and the law.
9)  Right to Complain. You have the right to complain to 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)

* The BMA has serious concerns regarding the status of NHS Digital as a “safe haven” and is not confident it has acted as a secure repository for patient data. See (https://www.bma.org.uk/-/media/files/pdfs/collective%20voice/influence/uk%20governments/bma-submission-to-hoc-health-cttee-on-the-mou_final.pdf?la=en)