General Data Protection Regulations / Storage, Access, handling, usage, retention and disposal of information
The Data protection Act, 1998 addressed certain requirements for all organisations that collect and process personal data as part of their on-going business operations. Following international review a new set of rules defined as the General Data Protection Regulations (GDPR) will come into effect from May 2018. The government have confirmed that the UK’s decision to leave the EU will not affect the commencement of GDPR.
Personal Data is defined by any information which relates to an “identifiable living individual” and therefore applies to the patients attending sessions at Function360 Limited.
Sensitive Data relates to information concerning a data subject’s racial/ethnic origin, political opinions, religious beliefs, trade union activities, physical or mental health, sexual life or details of criminal offences.
Function360 Limited is committed to the enforcement of the code of good practice in relation to the data it keeps on the patients and employees. Such data will be fairly and legally processed, be relevant to the needs of the nursery setting, be accurately maintained, used only in accordance with the individual subjects rights and be securely stored.
The clinic will require written consent from each individual patient in order for personal or sensitive data to be collected and processed. Patients will be required to give consent in regards to the following areas:
- Personal/sensitive data to be held on each patient in a secure locked filing cabinet and used fairly and lawfully only for purposes relevant to the care of the patient
- Personal and sensitive data about each patient to be kept up to date and accurate
- Personal/sensitive data about each patient to be kept no longer than is absolutely necessary
- Personal/sensitive data about each patient is stored digitally system “Nookal”
- Patients/employees email address is not shared with any third party and is used solely for the following purposes:
1. to inform of exceptional closures
2. in response to patient requests/freedom of information
Permission for patients to be photographed or video recorded while on the premises
Permission for any images of the patients/employees to be used on the website/Facebook page
Personal/sensitive data about each patient to be shared with medical professionals if required in an emergency situation, including paramedics, GP, Hospital staff.
Where it is deemed necessary to divulge to a third party outside of previously identified parties this will only be done with the express permission of the individual subject.
When personal data is being processed, staff will take all reasonable precautions to prevent sighting of data by unauthorised persons. Record files will be locked away when not in use.
This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.
The General Data Protection Regulation (GDPR) which is EU wide and far more extensive than its predecessor the Data Protection Act, along with the Privacy and Electronic Communications Regulations (PECR), seek to protect and enhance the rights of EU data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU and its storage within the EEA.
1 – Function360 Limited, based at 118a London Wall, EC2Y 5JA, will be referred to as the Clinic, is pleased to provide the following information:
2 – Who we are:
We diagnose and treat health conditions. Treatments are carried out in accordance with the Institute of Osteopathy’s patient charter and under guidelines set out by the Chartered Society of Physiotherapy. The Clinic is regulated by the Health and Care Professions Council, and the General Osteopathic Council. The practice may also provide other treatments, about which our staff will be pleased to provide more details.
3 – Personal Data:
a) For the purposes of providing treatment, the Clinic may require detailed medical information. We will only collect what is relevant and necessary for your treatment. When you visit our practice, we will make notes which may include details concerning your medication, treatment and other issues affecting your health. This data is always held securely, is not shared with anyone not involved in your treatment, although for data storage purposes it may be handled by pre-vetted staff who have all signed an integrity and confidentiality agreement. To be able to process your personal data it is a condition of any treatment that you give your explicit consent to allow the Clinic to document and process your personal medical data. Contact details provided by you such as telephone numbers, email addresses, postal addresses may be used to remind you of future appointments and provide reports or other information concerning your treatment. As part of our obligations as primary healthcare practitioners there may be circumstances related to your treatment, on-going care or medical diagnosis that will require the sharing of your medical records with other healthcare practitioners e.g GPs, consultants, surgeons and/or medical insurance companies. You may withdraw consent by simply informing us.
b) In making initial contact with the Clinic you will need to opt in to text and email reminders and marketing campaigns.The Clinic does not broker your data and you can ask to be removed from our marketing database by emailing or phoning the practice using the contact details provided at the end of this Privacy Notice. In reality, it is very unlikely we will ever send you marketing information.
c) Some basic personal data may be collected about you from the marketing forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to, personally identifying information like Internet Protocol (IP) addresses.
e) We can also collect your Name, Email address, phone number via our “make an appointment” form and contact form on our website. Our legal base for collecting this information will be your consent expressed when you voluntarily and on your own initiative decided to contact us by using these forms. The purpose of this information will be only to make an appointment or to identify who wants to contact us so to be able to respond.
f) The Clinic will only collect the information needed so that we can provide you with the services you require, the business does not sell or broker your data.
4 – Legal basis for processing any personal data
To meet our contractual obligations obtained from explicit Patient Consent and legitimate interest to respond to enquiries concerning the services provided.
5 – Legitimate interests pursued by the Clinic:
To promote treatments for patients with all types of health problems indicated for your best care.
6 – Consent:
Through agreeing to this privacy notice you are consenting to the Clinic processing your personal data for the purposes outlined. You can withdraw consent at any time by using the postal, email address or telephone number provided at the end of this Privacy Notice.
7 – Disclosure:
The Clinic will keep your personal information safe and secure, only administrative and clinical staff engaged in providing your treatment will have access to your patient records. The clinic will not disclose your Personal Information unless compelled to, in order to meet legal obligations, regulations or valid governmental requests. The practice may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of its staff.
8 – Retention Policy:
The Clinic will process personal data during the duration of any treatment and will continue to store only the personal data needed for eight years after the contract has expired to meet any legal obligations. After eight years all personal data will be deleted, unless basic information needs to be retained by us to meet our future obligations to you, such as erasure details. Records concerning minors who have received treatment will be retained until the child has reached the age of 25.
9 – Data storage:
All Data is held in the United Kingdom. The Clinic does not store personal data outside the EEA.
10 – Your rights as a data subject:
At any point whilst the Clinic is in possession of, or processing your personal data, all data subjects have the following rights:
Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
In the unlikely event that the Clinic refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge. At your request the Clinic can confirm what information it holds about you and how it is processed.
11 – You can request the following information:
The contact details of the person or organisation (the Clinic) that has determined how and why to process your data.
Contact details of our data protection officer, that being Giorgia Delsante, telephone number 02073748492, or email firstname.lastname@example.org
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of the Clinic and information about these interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will be disclosed to.
How long the data will be stored.
Details of your rights to correct, erasure, restrict or object to such processing.
Information about your right to withdraw consent at any time.
How to lodge a complaint with the supervisory authority (ICO).
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
12 – To access what personal data is held, identification will be required:
The Clinic will accept the following forms of identification (ID) when information on your personal data is requested: a copy of your driving licence, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If the Clinic is dissatisfied with the quality, further information may be sought before personal data can be released. All requests should be made by phoning 02073748492 and asking for the practice manager.
13 – Information Recording:
We may keep copies or recordings of any correspondence you have between us, including emails, telephone calls, consultations, CCTV and voice recordings. This may be used for quality and training purposes, and to prevent criminal behaviour.
14 – Complaints:
In the event that you wish to make a complaint about how your personal data is being processed by the Clinic you have the right to complain to us. If you do not get a response within 30 days, you can complain to the ICO. The details for each of these contacts are:
Giorgia Delsante, 118a London Wall, EC2Y 5JA, 02073748492, email@example.com
Function360 Limited makes it clear to patients/employees that they have the right to have their personal data erased and to prevent processing it in specific circumstances.
1. The data is no longer necessary
2. They have withdrawn consent
3. They object and there is no legitimate interest for processing
4. The data was unlawfully processed
5. The data has to be erased to comply with a legal obligation
6. The data relates to society services to a child.