Who we are
Warwickshire North Clinical Commissioning Group (CCG) is responsible for securing, planning, designing and paying for your NHS services, including planned and emergency hospital care, mental health services, rehabilitation and community services. We need to use information about you to enable us to do this effectively, efficiently and safely.
How we use your information
This Fair Processing Notice tells you about the information we collect and hold about you, what we do with it, how we will look after it and who we might share it with. It also explains the choices you can make about the way in which your information is used and how you can opt-out of any sharing arrangements that may be in place.
It covers information we collect directly from you or collect indirectly from other individuals or organisations for the CCG’s registered population.
This notice is not exhaustive. However, we are happy to provide any additional information or explanation needed. Contact Details are included within these pages.
This Fair Processing Notice applies to all information held by the CCG relating to individuals, whether you are a patient, service user or a member of staff.
Reviews of and Changes to our Fair Processing Notice
We will keep our Fair Processing Notice under regular review at our Information Governance Steering Group Meeting. This Fair Processing Notice was last reviewed in July 2018 and will be reviewed on an annual basis.
Types of Information we collect and hold about you
We need to use information in various forms about you and will only use the minimum amount of information necessary for the purpose. Where possible, we will use information that does not identify you.
The CCG processes several different types of information:
- Identifiable – containing details that identify individuals. The following are data items that are considered identifiable: name, address, NHS Number, full postcode, date of birth
- Pseudonymised information - individual-level information where individuals can be distinguished by using a coded reference, which does not reveal their ‘real world’ identity
- Anonymised – about individuals but with identifying details removed
- Aggregated – statistical information about several individuals that has been combined to show general trends or values without identifying individuals within the data.
Our records may be held on paper or in a computer system.
While we have made this Fair Processing Notice as easy to read and understandable for you as we can there are some legal concepts / terms which will be used further in the Fair Processing Notice which may require some further explanation throughout this Fair Processing Notice are explained on the further definitions and terms page.
Legal obligations to collect and use information
In the circumstances where we are required to use personal identifiable information we will only do this if:
- The information is necessary for your direct healthcare
- There is an overriding public interest in using the information e.g. in order to safeguard an individual, or to prevent a serious crime
- There is a legal requirement that will allow us to use or provide information (e.g. a formal court order or legislation)
- We have permission to do so from the Secretary of State for Health to use certain confidential patient identifiable information when it is necessary for our work
- Emergency Planning reasons such as for protecting the health and safety of others;
- Information necessary for equality and diversity.
Primary and Secondary Care Data
The NHS provides a wide range of services which involve the collection and use of information. Different care settings are considered as either ‘primary care’ or ‘secondary care’. Primary care settings include GP practices, pharmacists, dentists and some specialised services such as including military health services. Secondary care settings include local hospitals, rehabilitative care, urgent and emergency care (including out of hours and NHS 111), community and mental health services.
Throughout this Fair Processing Notice you will see reference to an organisation called NHS Digital who are the national provider of information, data and IT systems for commissioners (such as the CCG), analysts and clinicians in health and social care. NHS Digital provide information based on identifiable information passed securely to them by Primary and Secondary Care Providers who are legally obliged to provide this information. The way in which NHS Digital collect and use your information can be found here:
Our Commitment to Data Privacy and Confidentiality Issues
We are committed to protecting your privacy and will only process personal confidential data in accordance with the General Data Protection Regulation, the Common Law Duty of Confidentiality and the Human Rights Act 1998. The various laws and rules about using and sharing confidential information, with which the CCG will comply, are available in “A guide to confidentiality in health and social care” which is published on the NHS Digital website.
Warwickshire North CCG is a Data Controller under the terms of the General Data Protection Regulation we are legally responsible for ensuring that all personal confidential data that we collect and use i.e. hold, obtain, record, use or share about you is done in compliance with the 7 Principles.
All data controllers must notify the Information Commissioner’s Office (ICO) of all personal information processing activities. Our ICO Data Protection Register number is Z3619984 and our entry can be found in the Data Protection Register on the Information Commissioner’s Office website
Everyone working for the NHS has a legal duty to keep information about you confidential. The NHS Care Record Guarantee and NHS Constitution provide a commitment that all NHS organisations and those providing care on behalf of the NHS will use records about you in ways that respect your rights and promote your health and wellbeing.
All identifiable information that we hold about you will be held securely and confidentially. We use administrative and technical controls to do this. We use strict controls to ensure that only authorised staff are able to see information that identifies you. Only a limited number of authorised staff have access to information that identifies you where it is appropriate to their role and is strictly on a need-to-know basis. All health and social care organisations are required to provide annual evidence of compliance with applicable laws, regulation and standards through the Information Governance Toolkit which show our current level of compliance as ‘satisfactory’ providing assurance to you of how we protect your information. The individual requirements we must provide evidence for can be found here. Further information regarding Information Governance and the Information Governance Toolkit can be found on our definitions pages.
All of our staff, contractors and committee members receive appropriate and on-going training to ensure they are aware of their personal responsibilities and have contractual obligations to uphold confidentiality, enforceable through disciplinary procedures. All staff are trained to ensure they understand how to recognise and report an incident ensuring that the organisation’s procedure for investigating, managing and learning lessons from incidents.
We will only retain information in accordance with the schedules set out in the Records Management Code of Practice for Health and Social Care 2016. The CCG’s Records Management Policies include guidance around the secure destruction of information in line with the Code of Practice.
Your information will not be sent outside of the United Kingdom where the laws do not protect your privacy to the same extent as the law in the UK. We will never sell any information about you.
Confidentiality Advice and Support
The CCG has a Caldicott Guardian who is a senior person responsible for protecting the confidentiality of service user and service user information and enabling appropriate and lawful information-sharing. Further information about the role of the Caldicott Guardian can be found in Further Definitions and Terms used in Fair Processing Notice.
You have certain legal rights, including a right to have your information processed fairly and lawfully and a right to access any identifiable information we hold about you.
You have the right to privacy and to expect the NHS to keep your information confidential and secure.
You also have a right to request that your confidential information is not used beyond your own care and treatment and to have your objections considered.
If we do hold identifiable information about you, you can ask us to correct any mistakes by contacting us.
You have the right to refuse/withdraw consent to information sharing at any time. The possible consequences can be fully explained to you and could include delays in receiving care.
What is the patient opt-out
The NHS Constitution states "You have the right to request that your confidential information is not used beyond your own care and treatment and to have your objections considered". If you do not wish your confidential information to be used for anything except your direct health care you are able to ‘opt-out’. As your data may be used in a variety of ways and for a variety of purposes you are able to opt-out of some of these but remain ‘in’ for others e.g. you may not wish a sub-set of your data being used for clinical audit purposes, but may wish your anonymised data to be used for research purposes so you would not opt-out of this. You can discuss this with your GP Practice who will explain the different options you have.
There are several forms of opt- outs available at different levels. These include for example:
A. Information directly collected by the CCG:
Your choices can be exercised by withdrawing your consent for the sharing of information that identifies you, unless there is no overriding legal obligation, for example because pseudonymised information only is being used.
Where you have provided identifiable information directly to a ‘CCG Care Service’ e.g. Mental Health services we will ensure that you are provided with full information about how your data will be used to provide the service and you will be asked for explicit consent where it is planned to share your identifiable information with other organisations and for other purposes.
B. Information not directly collected by the CCG, but collected by organisations that provide NHS services.
Type 1 opt-out
GPs are required by law to provide patient confidential data to NHS Digital who has responsibility for collecting data from across the health and social care system from a range of organisations where you may receive care, such as hospitals and community services. Strict controls are used to ensure that all data is held securely and confidentially and only available to authorised staff who have a statutory or other legitimate reason for viewing the data. All required steps have been taken to ensure the safe, secure and confidential transfer of this information.
If you do not want personal confidential data information to be shared outside your GP practice, for purposes beyond your direct care you can register a type 1 opt-out with your GP practice. This prevents your personal confidential information from being used other than in particular circumstances required by law, such as a public health emergency like an outbreak of a pandemic disease.
Patients are only able to register the opt-out at their GP practice.
Type 2 opt - out
Patients within England are able to opt out of their identifiable information being shared by NHS Digital for purposes other than their own direct care, this is known as the 'Type 2 opt-out'
Further details of the circumstances under which NHS Digital may share out identifiable information can be found under their Privacy Notice.
Patients are only able to register the opt-out at their GP practice.
Further Information and Support about Type 2 opt-outs
For further information and support relating to type 2 opt-outs the following options are available:
1. visit the website
2. contact NHS Digital contact centre at firstname.lastname@example.org referencing 'Type 2 opt-outs - Data requests' in the subject line; or
3. call NHS Digital on (0300) 303 5678
We have provided details of information collected and used for specific purposes with information on how to withdraw consent specific to each purpose and details of the possible impact this may have on you if you are to opt-out.
These are commitments set out in the NHS Constitution, for further information please visit: https://www.gov.uk/government/publications/the-nhs-constitution-for-england
The CCG try to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring concerns to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures. Contact details for complaints to either ourselves or the ICO can be found on this website.
Details of information collected and used for specific purposes
Although this is not an exhaustive detailed listing, the following table lists key examples of the purposes and rationale for why we collect and process information. For each purpose we have provided information for you on the purpose, including benefits to you as a patient; the type of information used (see definition above); the legal basis identified for the collection and use of information; how we collect and use the information required; data processing activities – listing any third parties we may use for each purpose and information on how to opt out of your information being used for each purpose.