Privacy Policy & CCTV Monitoring

North Lakes Healthstore & Clinic

General Data Protection Regulations (GDPR) Data Protection Policy

1. Introduction

North Lakes Clinic needs to collect and use certain types of information about the Individuals or Service Users who meet North Lakes Clinic to carry on our work. This personal information must be collected and dealt with appropriately whether is collected on paper, stored in the Private Practice Management System database; e-mails, letters, or recorded on other material and there are safeguards to ensure this under the Data Protection Act 1998.


2. Data Controller and Data Processor

North Lakes Clinic is the Data Controller under the Act, which means that it determines what purposes personal information held, will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for. North Lakes Clinic is also the Data Processor in that it also processors data on behalf of the Data Controller.

3. Disclosure

North Lakes Clinic may share data with other agencies such as the local authority, funding bodies and other voluntary agencies.

Patients of the Mandy Johnston Podiatry will be made aware in most circumstances how and with whom their information will be shared.  There are circumstances where the law allows North Lakes Clinic to disclose data (including sensitive data) without the data subject’s consent.

These are:

a)      Carrying out a legal duty or as authorised by the Secretary of State

b)      Protecting vital interests of an Individual/Service User or other person

c)      The Individual/Service User has already made the information public

d)      Conducting any legal proceedings, obtaining legal advice, or defending any legal rights

e)      Monitoring for equal opportunities purposes – i.e. race, disability or religion

f)       Providing a confidential service where the Individual/Service User’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Individuals/Service Users to provide consent signatures.

North Lakes Clinic regards the lawful and correct treatment of personal information as particularly important to successful working, and to maintaining the confidence of those with whom we deal.

North Lakes Clinic intends to ensure that personal information is treated lawfully and correctly.

To this end, North Lakes Clinic will adhere to the Principles of Data Protection, as detailed in the Data Protection Act 1998.

Specifically, the Principles require that personal information:

a)      Shall be processed fairly and lawfully and shall not be processed unless specific conditions are met,

b)      Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes,

c)      Shall be adequate, relevant, and not excessive in relation to those purpose(s)

d)      Shall be accurate and, where necessary, kept up to date,

e)      Shall not be kept for longer than is necessary

f)       Shall be processed in accordance with the rights of data subjects under the Act,

g)      Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information,

h)      Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of Individuals/Service Users in relation to the processing of personal information.

North Lakes Clinic will, through appropriate management and strict application of criteria and controls:

Observe fully conditions regarding the fair collection and use of information
Meet its legal obligations to specify the purposes for which information is used
Collect and process appropriate information, and only to the extent that it is needed to fulfil its operational needs or to comply with any legal requirements
Ensure the quality of information used
Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include:
The right to be informed that processing is being undertaken,
The right of access to one’s personal information
The right to prevent processing in certain circumstances and
The right to correct, rectify, block or erase information which is regarded as wrong information)
Take appropriate technical and organisational security measures to safeguard personal information
Ensure that personal information is not transferred abroad without suitable safeguards
Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information
Set out clear procedures for responding to requests for information
4. Data collection

North Lakes Clinic is both the Data Controller and Data Processor of all information collected from the Patients using the services of Mandy Johnston Podiatry.

Informed consent is when

An Individual/Service User clearly understands why their information is needed, who it will be shared with, the possible consequences of them agreeing or refusing the proposed use of the data
And then gives their consent
When collecting data, North Lakes Clinic will ensure that the Individual/Service User:

a)      Clearly understands why the information is needed

b)      Understands what it will be used for and what the consequences are should the Individual/Service User decide not to give consent to processing

c)      As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed

d)      Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress

e)      Has received sufficient information on why their data is needed and how it will be used

5. Data Storage

Information and records relating to service users will be stored securely and will only be accessible to authorised staff.

Information will be stored for only for the period it is needed or required statute and will be disposed of appropriately. Patient records will be kept for 7 years following either the departure of the patient from the Practice or 7 years on from the death of the patient.

It is North Lakes Clinic’s responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation, which has been passed on/sold to a third party.

6. Data access and accuracy

All Patients have the right to access the information North Lakes Clinic holds about them. North Lakes Clinic will also take reasonable steps ensure that this information is kept up to date by asking data subjects whether there have been any changes.

In addition, North Lakes Clinic will ensure that:

It has a Data Protection Officer with specific responsibility for ensuring compliance with Data Protection
Everyone processing personal information understands that they are contractually responsible for following good data protection practice
Everyone processing personal information is appropriately trained to do so
Everyone processing personal information is appropriately supervised
Anybody wanting to make enquiries about handling personal information knows what to do
It deals promptly and courteously with any enquiries about handling personal information
It describes clearly how it handles personal information
It will regularly review and audit the ways it holds, manage and use personal information
It regularly assesses and evaluates its methods and performance in relation to handling personal information
All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them
This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 1998.
Therapists working from North Lakes Clinic will carry out their own Data Protection Assessments in accordance with regulations.

In case of any queries or questions in relation to this policy please contact North Lakes Clinic, Data Protection Officer.

Date: 18th August 2020

Review Date: 19th August 2022

Glossary of Terms

Data Controller – The person who (either alone or with others) decides what personal information North Lakes Clinic will hold and how it will be held or used.

Data Protection Act 1998 – The UK legislation that provides a framework for responsible behaviour by those using personal information.

Data Protection Officer – The person(s) responsible for ensuring that North Lakes Clinic follows its data protection policy and complies with the Data Protection Act 1998.

Data controller – A person who (either alone or jointly or in common with other persons) determines the purposes for which and the way any personal data are, or are to be, processed.

Data processor – Any person (other than an employee of the data controller) who processes the data on behalf of the data controller.

The Practice – North Lakes Clinic Ltd. The legal entity through which Chiropody and Podiatry Services are provided to Patients.

Patients – The person or persons whose personal information is being held or processed by North Lakes Clinic.

Explicit consent – is a freely given, specific and informed agreement by an Individual/Service User in the processing of personal information about her/him. Explicit consent is needed for processing sensitive data.

Notification – Notifying the Information Commissioner about the data processing activities of North Lakes Clinic, as certain activities may be exempt from notification.

Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the Data Protection Act 1998.

Processing – means collecting, amending, handling, storing, or disclosing personal information.

Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about organisations, companies and agencies but applies to named persons, such as individual volunteers or employees within (GROUP).

Sensitive data – refers to data about:

Racial or ethnic origin
Political affiliations
Religion or similar beliefs
Trade union membership
Physical or mental health
Sexuality
Criminal record or proceedings

CCTV Monitoring Policy

Introduction

North Lakes Healthstore & Clinic uses closed circuit television (CCTV) images to protect the business  property and deter vandalism and anti social behaviour in the proximity of the business and to provide a safe and secure environment for employees and visitors to the Company’s business premises. This policy sets out the details of how the Company will collect, use and store CCTV images. For more information on your privacy rights associated with the processing of your personal data collected through CCTV images please refer to the Company privacy notice and data protection policy.

The Company’s CCTV facility, unless there are exceptional circumstances (see covert recording below), will only record images.  There is no audio recording i.e. conversations are not recorded on CCTV.

Purposes of CCTV

The Company has carried out a data protection impact assessment and on the basis of its findings it considers it necessary and proportionate to install and use a CCTV system. The data collected from the system will assist in:

  • Prevention or detection of crime or equivalent malpractice.
  • Identification and prosecution of offenders.
  • Monitoring of the security of the Company’s business premises.
  • Ensuring that health and safety rules and Company procedures are being complied with.

Location of cameras

The camera is located at the front shop window of the  Company’s business premises. The Company has positioned the cameras so that they cover communal or public areas on the Company’s business premises and they have been sited so that they provide clear images.  No camera focuses, or will focus, on toilets, shower facilities, changing rooms, staff kitchen areas, staff break rooms or private offices. 

All cameras (with the exception of any that may be temporarily set up for covert recording) are also clearly visible.

Appropriate signs are prominently displayed so that employees, clients, customers and other visitors are aware they are entering an area covered by CCTV. 

Recording and retention of images

Images produced by the CCTV equipment are intended to be as clear as possible so that they are effective for the purposes set out above.  Maintenance checks of the equipment are undertaken on a regular basis to ensure it is working properly and that the media is producing high quality images.

Images may be recorded either in constant real-time (24 hours a day throughout the year), or only at certain times, as the needs of the business dictate.

As the recording system records digital images, any CCTV images that are held on the hard drive of a PC or server are deleted and overwritten on a recycling basis and, in any event, once the hard drive has reached the end of its use, it will be erased prior to disposal. 

Images that are stored on, or transferred on to, removable media such as CDs or which are stored digitally are erased or destroyed once the purpose of the recording is no longer relevant.  In normal circumstances, this will be a period of 12 months].  However, where a law enforcement agency is investigating a crime, images may need to be retained for a longer period.

Access to and disclosure of images

Access to, and disclosure of, images recorded on CCTV is restricted.  This ensures that the rights of individuals are retained.  Images can only be disclosed in accordance with the purposes for which they were originally collected. 

The images that are filmed are recorded centrally and held in a secure location.  Access to recorded images is restricted to the operators of the CCTV system and to those line managers who are authorised to view them in accordance with the purposes of the system.  Viewing of recorded images will take place in a restricted area to which other employees will not have access when viewing is occurring.  If media on which images are recorded are removed for viewing purposes, this will be documented.

Disclosure of images to other third parties will only be made in accordance with the purposes for which the system is used and will be limited to:

  • The police and other law enforcement agencies, where the images recorded could assist in the prevention or detection of a crime or the identification and prosecution of an offender or the identification of a victim or witness.
  • Prosecution agencies, such as the Crown Prosecution Service.
  • Relevant legal representatives.
  • Line managers involved with Company disciplinary and performance management processes.
  • Individuals whose images have been recorded and retained (unless disclosure would prejudice the prevention or detection of crime or the apprehension or prosecution of offenders).

The Managing Director of the Company (or another senior director acting in their absence) is the only person who is permitted to authorise disclosure of images to external third parties such as law enforcement agencies.

All requests for disclosure and access to images will be documented, including the date of the disclosure, to whom the images have been provided and the reasons why they are required.  If disclosure is denied, the reason will be recorded.

Individuals’ access rights

Under the UK’s data protection laws, including the General Data Protection Regulation (GDPR),  individuals have the right on request to receive a copy of the personal data that the Company holds about them, including CCTV images if they are recognisable from the image. 

If you wish to access any CCTV images relating to you, you must make a written request to the Company’s Proprietor Mandy Johnston. This can be done by using this email address mandy@northlakesclinic.co.uk.  The Company will usually not make a charge for such a request, but we may charge a reasonable fee if you make a request which is manifestly unfounded or excessive, or is repetitive. Your request must include the date and approximate time when the images were recorded and the location of the particular CCTV camera, so that the images can be easily located and your identity can be established as the person in the images. 

The Company will usually respond promptly and in any case within one month of receiving a request. However, where a request is complex or numerous the Company may extend the one month to respond by a further two months.

The Company will always check the identity of the person making the request before processing it.

The Proprietor Mandy Johnston will always determine whether disclosure of your images will reveal third party information, as you have no right to access CCTV images relating to other people.  In this case, the images of third parties may need to be obscured if it would otherwise involve an unfair intrusion into their privacy.

If the Company is unable to comply with your request because access could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, you will be advised accordingly.

Covert recording

The Company is aware that covert recording can only be done in exceptional circumstances for example where the Company suspects criminal activity taking place. On this basis the Company will only undertake covert monitoring if it has carried out a data protection impact assessment which has addressed the following:

  • the purpose of the covert recording;
  • the necessity and proportionality of the covert recording;
  • the risks to the privacy rights of the individual(s) affected by the covert recording;
  • the time parameters for conducting the covert recording
  • the safeguards and/or security measures that need to be put in place to ensure the covert recording is conducted in accordance with the data protection laws, including the GDPR.

If after undertaking the data impact assessment the Company considers there is a proportionate risk of criminal activity, or equivalent malpractice taking place or about to take place, and if informing the individuals concerned that the recording is taking place would seriously prejudice its prevention or detection, the Company will covertly record the suspected individual(s). In doing this the Company will rely on the protection of its own legitimate interests as the lawful and justifiable legal basis for carrying out the covert recording.

Before the covert recording commences the Company will ensure that Managing Director (or another senior director acting in their absence) agrees with the findings of the data protection assessment and provides written authorisation to proceed with the covert recording. 

Covert monitoring may include both video and audio recording.

Covert monitoring will only take place for a limited and reasonable amount of time consistent with the objective of assisting in the prevention and detection of particular suspected criminal activity or equivalent malpractice.  Once the specific investigation has been completed, covert monitoring will cease.

Information obtained through covert monitoring will only be used for the prevention or detection of criminal activity or equivalent malpractice.  All other information collected in the course of covert monitoring will be deleted or destroyed unless it reveals information which the Company cannot reasonably be expected to ignore.

Staff training                                                                   

The Company will ensure that all employees handling CCTV images or recordings are trained in the operation and administration of the CCTV system and on the impact of the laws regulating data protection and privacy with regard to that system. 

Implementation

The Company’s Proprietor: Mandy Johnston is responsible for the implementation of and compliance with this policy and the operation of the CCTV system and they will conduct a regular review of the Company’s use and processing of CCTV images and ensure that at all times it remains compliant with the laws regulating data protection and privacy.  Any complaints or enquiries about the operation of the Company’s CCTV system should be addressed to Mandy Johnston.

Data Protection

The Company will process the personal data collected in connection with the operation of the CCTV policy in accordance with its data protection policy and any internal privacy notices in force at the relevant time. Inappropriate access or disclosure of this data will constitute a data breach and should be reported immediately to the Company’s Data Protection Officer Mandy Johnston in accordance with the Company’s data protection policy. Reported data breaches will be investigated and may lead to sanctions under the Company’s disciplinary procedure.

COMPANY DETAILS

North Lakes Healthstore & Clinic
41 Main Street
Cockermouth
Cumbria
CA13 9JS