North Lakes Clinic
General Data Protection Regulations (GDPR) Data Protection Policy
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.
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.
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
Religion or similar beliefs
Trade union membership
Physical or mental health
Criminal record or proceedings