Data Protection Notice
1. About NHS Lanarkshire
Salus Occupational Health, Safety and Return to Work Service is part of NHS Lanarkshire, which is a public organisation created in Scotland under the National Health Service (Scotland) Act 1978 (the 1978 Act). It is one of the organisations which form part of NHS Scotland (NHSS).
2. About The Personal Information We Use
We use personal information on different groups of individuals including:
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Patients
- Staff
- Contractors
- Suppliers
- Complainants
- Enquirers
- Survey respondents
- Professional experts and consultants
- Individuals captured by CCTV
The personal information we use includes information that identifies them, like their name, address, date of birth and postcode.
We also use more sensitive types of personal information, including information about racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic and biometric data; health; sex life or sexual orientation.
The information we use can relate to personal and family details; education, training and employment details; financial details; lifestyle and social circumstances; goods and services; visual images; details held in the patient record; responses to surveys.
3. Our Purposes For Using Personal Information
Under the 1978 Act, NHS Lanarkshire has the statutory responsibility to provide or arrange for the provision of a range of healthcare, health improvement and health protection services. We are given these tasks so that we can help to promote the improvement of the physical and mental health of the people of NHS Lanarkshire and assist in operating a comprehensive and integrated national health service in Scotland. In addition, Salus provides Occupational Health, Safety and Return to Work Services to a range of client organisations under various contracted agreements.
We use personal information to enable us to provide healthcare services for patients, data matching under the national fraud initiative; research; supporting and managing our employees; maintaining our accounts and records and monitoring contract delivery with client organisations and the use of CCTV systems for crime prevention.
4. Our Lawful Basis For Using Personal Information
Salus as part of NHS Lanarkshire, as data controller, is required to have a lawful basis when using personal information. NHS Lanarkshire considers that performance of our tasks and functions are in the public interest. So when using personal information our lawful basis is usually that its use is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in us. In some situations we may rely on a different lawful basis; for example, when we are using personal information to invoice a purchaser or pay a supplier, our lawful basis is that its use is necessary for the purposes of our legitimate interests as a supplier or purchaser of goods and services. Another example would be for compliance with a legal obligation to which NHS Lanarkshire is subject to, for example under the Public Health etc (Scotland) Act 2008 we are required to notify Health Protection Scotland when someone contracts a specific disease. In addition we process some data in order to meet contractual commitments to a customer organisation.
When we are using more sensitive types of personal information, including health information, our lawful basis is usually that the use is necessary:
- For the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services; or
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for reasons of public interest in the area of public health; or
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for reasons of substantial public interest for aims that are proportionate and respect people’s rights, for example research; or
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in order to protect the vital interests of an individual; or
- for the establishment, exercise or defence of legal claims or in the case of a court order.
On rare occasions we may rely on individuals’ explicit consent as our lawful basis for using their personal information. When we do this we will explain what it means, and the rights that are available, to them. They should be aware that we will continue to ask for their consent for other things like taking part in a drug trial, or when they are having a procedure.
5. Who Provides The Personal Information
When individuals do not provide information directly to us, we receive it from other individuals and organisations involved in the delivery of health and care services in Scotland. These include other NHS boards and primary care contractors such as GPs, dentists, pharmacists and opticians; other public bodies e.g. local authorities and suppliers of goods and services. If they are employed, their employer may provide this information to us to allow us to fulfil our obligations to deliver services to them.
6. Sharing Personal Information With Others
Depending on the situation, where necessary we will share appropriate, relevant and proportionate personal information in compliance with the law, with the following:
- Our patients and their chosen representatives or carers
- Staff
- Current, past and potential employers
- Healthcare social and welfare organisations
- Suppliers, service providers, legal representatives
- Auditors and audit bodies
- Educators and examining bodies
- Research organisations
- People making an enquiry or complaint
- Financial organisations
- Professional bodies
- Trade unions
- Business associates
- Police forces.
- Security organisations.
- Central and local government.
- Voluntary and charitable organisations.
7. Transferring Personal Information Abroad
It is sometimes necessary to transfer personal health information overseas for example if individuals require urgent medical treatment abroad. When this is required information may be transferred to countries or territories around the world. Salus will normally seek the agreement of data subjects prior to any transfer of such data. Any transfers made will be in full compliance with NHS Scotland Information Security Policy.
8. Retention Periods Of The Information We Hold
Within NHS Lanarkshire we keep personal information as set out in the Scottish Government Records Management: NHS Code of Practice (Scotland) Version 2.1 January 2012. The NHS Code of Practice sets out minimum retention periods for information, including personal information, held in different types of records including personal health records and administrative records. As directed by the Scottish Government in the Records Management Code of Practice, we maintain a retention schedule available through the Data Protection section of NHS Lanarkshire website - http://www.nhslanarkshire.org.uk - detailing the minimum retention period for the information and procedures for the safe disposal of personal information.
9. How We Protect Personal Information
We take care to ensure individual’s personal information is only accessible to authorised people. Our staff have a legal and contractual duty to keep personal health information secure and confidential. The following security measures are in place to protect personal information:
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All staff undertake mandatory training in Data Protection and IT Security
- Compliance with NHS Scotland Information Security Policy
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Organisational policy and procedures on the safe handling of personal information
- Access controls and audits of electronic systems
10. Their Rights
This section contains a description of their data protection rights within NHS Lanarkshire
The right to be informed
NHS Lanarkshire must explain how we use their personal information. We use a number of ways to communicate how personal information is used including:
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This Data Protection notice
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Information leaflets
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Discussions with staff providing their care
The right of access
They have the right to access their own personal information.
This right includes making them aware of what information we hold along with the opportunity to satisfy them that we are using their information fairly and legally.
They have the right to obtain:
- Confirmation that their personal information is being held or used by us
- Access to their personal information
- Additional information about how we use their personal information
Although we must provide this information free of charge, if their request is considered unfounded or excessive, or if they request the same information more than once, we may charge a reasonable fee.
If they would like to access their personal information, they can do this by contacting:
Operations Manager
Salus Occupational Health, Safety and return to Work Services
14 Beckford Street
Hamilton,
ML3 0TA
01698 206320
info@Salus.co.uk
Once we have details of their request and they have provided us with enough information for us to locate their personal information, we will respond to their request without delay, within one month (30 days). However If their request is complex we may take longer, by up to two months, to respond. If this is the case we will tell them and explain the reason for the delay.
The right to rectification
If the personal information we hold about them is inaccurate or incomplete they have the right to have this corrected.
If it is agreed that their personal information is inaccurate or incomplete we will aim to amend their records accordingly, normally within one month, or within two months where the request is complex. However, we will contact them as quickly as possible to explain this further if the need to extend our timescales applies to their request. Unless there is a risk to patient safety, we can restrict access to their records to ensure that the inaccurate or incomplete information is not used until amended.
If for any reason we have shared their information with anyone else, perhaps during a referral to another service for example, we will notify them of the changes required so that we can ensure their records are accurate.
If on consideration of their request NHS Lanarkshire does not consider the personal information to be inaccurate then we will add a comment to their record stating their concerns about the information. If this is case we will contact them within one month to explain our reasons for this.
If they are unhappy about how NHS Lanarkshire has responded to their request for rectification we will provide them with information on how they can complain to the Information Commissioner’s Office, or how to take legal action.
The right to object
When NHS Lanarkshire is processing their personal information for the purpose of the performance of a task carried out in the public interest or in the exercise of official authority they have the right to object to the processing and also seek that further processing of their personal information is restricted. Provided NHS Lanarkshire can demonstrate compelling legitimate grounds for processing their personal information, for instance, patient safety or for evidence to support legal claims, their right will not be upheld.
Other rights
There are other rights under current Data Protection Law however these rights only apply in certain circumstances - see below.
The right to erasure
The right to erasure is also known as “the right to be forgotten” and in general refers to an individual’s right to request the deletion or removal of personal information where there is no compelling reason for NHS Lanarkshire to continue using it.
As with other rights, there are particular conditions around this right and it does not provide individuals with an absolute right to be forgotten.
Individuals have the right to have their personal information deleted or removed in the following circumstances:
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When it is no longer necessary for the purpose for which it was collected.
- When NHS Lanarkshire no longer have a lawful basis for using their personal information, for example if they gave us consent to use their personal information in a specific way, and they withdraw their consent, we would need to stop using their information and erase it unless we had an overriding reason to continue to use it.
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When they object to NHS Lanarkshire using their personal information and there is no overriding legitimate interest for us to continue using it.
- If we have used their personal information unlawfully.
- If there is a legal obligation to erase their personal information, for example, by court order.
NHS Lanarkshire can refuse to deal with their request for erasure when we use their personal information for the following reasons:
- To comply with a legal obligation, including for the performance of a public interest task or exercise of official authority.
- For public health purposes in the public interest.
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Archiving purposes in the public interest, scientific research, historical research or statistical purpose.
- The exercise or defence of legal claims.
When using personal information our lawful basis is usually that its use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us under the NHS Scotland Act, as noted previously. This means that in most circumstances we can refuse requests for erasure. However we will advise them of this as soon as possible following receipt of their request.
The right to restrict processing
Individuals have the right to control how we use their personal information in some circumstances. This is known as the right to restriction. When processing is restricted, NHS Lanarkshire are permitted to store their personal information, but not further use it until an agreement is reached with them about further processing. We can retain enough information about them to ensure that their request for restriction is respected in the future.
Examples of ways they can restrict our processing would be:
If they challenge the accuracy of their personal information, stop using it until we check its accuracy.
- If they object to processing which is necessary for the performance of our tasks in the public interest or for the purpose of legitimate interests, we will restrict our processing while we consider whether our legitimate grounds override their individual interests, rights and freedoms.
- If our use of their personal information is found to be unlawful and they ask for restriction instead of full erasure we will restrict our processing.
- If we no longer need their personal information but they need it to establish, exercise or defend a legal claim, we will restrict our processing.
If we have shared their personal information with any individuals or organisations, if we restrict our processing, we will tell those individuals or organisations about our restriction if it is possible and not an unreasonable amount of effort.
Whenever we decide to lift a restriction on processing we will tell them.
The right to data portability
The right to data portability allows individuals to obtain and re-use their personal information for their own purposes across different services. It allows them to move, copy or transfer personal information easily from one IT environment to another in a safe and secure way. For example: it enables consumers to take advantage of applications and services which can use their information to find them a better deal.
The right to data portability only applies when the individual has submitted their personal information directly, through electronic means to NHS Lanarkshire. This means that in most circumstances the right to data portability does not apply within NHS Lanarkshire.
Rights related to automated decision making and profiling
Individuals have the right to object to any instances where a decision is made about them solely by automated means without any human involvement, including profiling.
NHS Lanarkshire does not undertake any decision-making about individuals using wholly automated means.
The right to complain
NHS Lanarkshire employ a Data Protection Officer to check that we handle personal information in a way that meets data protection law. If they are unhappy with the way in which we use their personal information they can tell our Data Protection Officer using the contact details below.
DPE@lanarkshire.scot.nhs.uk
Information Governance Manager
Data Protection Officer
Kirklands
Fallside Road
Bothwell
G71 8BB
01698 858079
They also have the right to complain about how we use their personal information to the Information Commissioner’s Office (ICO). Details about this are on their website at www.ico.org.uk.
11. Translation Service / Accessibility
If you require this information in an alternate language / format please contact the Operations Manager at the details in Section 10 above.