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| Plain English explanation
As we explain in our Privacy Notice for Direct Care this organisation keeps a range of data on you in order for us to provide you with the services you would expect from a GP practice; this data includes your contact details such as a mobile phone number or email address where you have provided them. If you have provided your GP practice with a mobile phone number we will record your consent to allow us to use it for sending SMS (text) messages to you on that number in addition to calls. If you have provided your GP practice with an email address we will record your consent to allow us to use it for sending email messages to you at that address. The majority of SMS messages are automatically generated to remind patients of forthcoming surgery appointments that they have booked. SMS can also be used to convey test results or to ask you to get in contact with us. Other uses include inviting eligible patients to attend for flu clinics or annual reviews (e.g. asthma, COPD) or in emergencies when surgeries have to be cancelled at short notice. Email messages can be used for the same range of situations. We do not use SMS messages or email messages for any form of direct marketing. All text or email messages are for direct medical care purposes only. Patients have the right to provide us with their mobile number in order to enable an alternative number by which to contact them, without allowing SMS messages to be sent (i.e. “mobile phone calls only”). At any time you can ask us to remove your email address from your GP record and we will honour any such objection. We will record and action any such objection accordingly, ensuring no SMS messages are sent to you. |
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| 1) Data Controller contact details | Southampton Primary Care Limited
49 Portsmouth Road, Woolston, Southampton, SO19 9RL |
| 2) Data Protection Officer contact details | Dr Ali Robins |
| 3) Purpose of the sharing | To enable staff at SPCL to communicate with patients via text (SMS) and email (for medical and non-medical purposes) |
| 4) Lawful basis for processing or sharing | The lawful justifications are;
Article 6(1)(e) may apply “necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller” and Article 9(2)(h) – ‘processing is necessary for the purpose of preventative…medicine…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”2 |
| 5) Recipient or categories of recipients of the shared data | The mobile phone numbers and email addresses will not be shared. Other data will only be shared with specific agencies to whom we would be mandated to share information when legally required to do so or as part of your personal care. |
| 6) Rights to object | You do not have to consent to your data being used for communication. If you have consented to your data being used for communication you can change your mind and withdraw your consent at any time. Contact the Data Controller or SPCL. We will normally comply with any request. |
| 7) Right to access and correct | You have the right to access any identifiable data that is being shared and have any inaccuracies corrected. |
| 8) Retention period | The data will be retained for the period as specified in the specific research protocol(s). |
| 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) There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website) |
1, Section 251 and the NHS Act, Health Research Authority. https://www.dropbox.com/s/sekq3trav2s58xw/Official%20Section%20251%20guidance%20Health%20Research%20Authority.pdf?dl=0
2 “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:
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