Privacy: Legal Requirements
How your information is shared so that this practice can meet legal requirements
The law requires Claremont Medical Practice to share information from your medical records in certain circumstances. Information is shared so that the NHS or Public Health England can, for example:
- plan and manage services;
- check that the care being provided is safe;
- prevent infectious diseases from spreading.
We will share information with NHS Digital, the Care Quality Commission and local health protection team (or Public Health England) when the law requires us to do so. Please see below for more information.
We must also share your information if a court of law orders us to do so.
- NHS Digital is a national body which has legal responsibilities to collect information about health and social care services.
- It collects information from across the NHS in England and provides reports on how the NHS is performing. These reports help to plan and improve services to patients.
- This practice must comply with the law and will send data to NHS Digital, for example, when it is told to do so by the Secretary of State for Health or NHS England under the Health and Social Care Act 2012.
- More information about NHS Digital and how it uses information can be found here
- NHS Digital sometimes shares names and addresses of patients suspected of committing immigration offences with the Home Office. More information on this can be found via the website
Care Quality Commission (CQC)
- The CQC regulates health and social care services to ensure that safe care is provided.
- The law says that we must report certain serious events to the CQC, for example, when patient safety has been put at risk.
- For more information about the CQC see their website
- The law requires us to share data for public health reasons, for example to prevent the spread of infectious diseases or other diseases which threaten the health of the population.
- We will report the relevant information to local health protection team or Public Health England.
- For more information about Public Health England and disease reporting see their website
We are required by law to provide you with the following information about how we handle your information and our legal obligations to share data.
|Data Controller contact details||Claremont Medical Practice
Exmouth Health Centre
|Data Protection Officer contact details||Please email DDOOH.IRM@nhs.net|
|Purpose of the processing||Compliance with legal obligations or court order.|
|Lawful basis for processing||The following sections of the GDPR mean that we can share information when the law tells us to.
|Recipient or categories of recipients of the processed data||
|Rights to object and the national data opt-out||There are very limited rights to object when the law requires information to be shared but government policy allows some rights of objection as set out below.
The information collected about you when you use these services can also be provided to other approved organisations, where there is a legal basis, to help with planning services, improving care provided, research into developing new treatments and preventing illness. All of these help to provide better health and care for you, your family and future generations. Confidential personal information about your health and care is only used in this way where allowed by law and would never be used for insurance or marketing purposes without your explicit consent.
You have a choice about whether you want your confidential patient information to be used in this way.
To find out more about the wider use of confidential personal information and to register your choice to opt out if you do not want your data to be used in this way, visit NHS Your Data Matters. If you do choose to opt out you can still consent to your data being used for specific purposes.
If you are happy with this use of information you do not need to do anything. You can change your choice at any time.
NHS Digital sharing with the Home Office
|Right to access and correct||You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff.
We are not aware of any circumstances in which you will have the right to delete correct information from your medical record; although you are free to obtain your own legal advice if you believe there is no lawful purpose for which we hold the information and contact us if you hold a different view.
|Retention period||GP medical records will be kept in line with the law and national guidance. Information on how long records are kept can be found here or speak to the practice.|
|Right to complain||Please let us know if you are unhappy with how we have used your personal information. Details of our Complaints Procedure can be obtained from a member of the practice team.
You have the right to complain to the Information Commissioner’s Office. If you wish to complain follow this link or call the helpline 0303 123 1113