Wellsbourne Healthcare Community Interest Company

Your local GP surgery in East Brighton

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Data Sharing Update

NHS Digital Data Extraction (General Practice Data for Planning and Research Directions 2021)

Wellsbourne Healthcare CiC, in common will all other GP surgeries, is legally obliged to extract personal confidential data from our patients’ GP records and upload them to NHS Digital for health planning and research purposes.

Will I be asked for my permission before this happens?

NO. The requirement to obtain the explicit permission of patients before any such extraction is set aside by means of the legal obligation, enacted under s259 of the Health and Social Care Act 2012.

I have previously refused for my record to be shared or have already submitted a Type 1 or 2 data opt-out, do I need to do anything?

NO. If you have already let us know that you prefer your record not to be shared, have previously declined record sharing (including summary care records.) or have already submitted a Type 1 or 2 data opt-out, then we have pre-emptively opted you out of the July data extraction. If you wish to reverse this decision, please contact the practice at the usual address.

What information about me is uploaded?

The data which NHS Digital will collect and analyse contains NHS Number, postcode, address, surname, forename, sex, ethnicity, date of birth and date of death. It will also include coded health data which is held in your GP record such as details of diagnoses and findings, medications and other prescribed items, investigations, tests and results, treatments and outcomes, vaccinations and immunisations.

What happens to my information once uploaded to NHS Digital?

That information can then be provided to organisations (such as CCGs and researchers) for purposes related to COVID-19. Applications to access that information will be strictly controlled. NHS Digital will do this through their Data Access Request Service (DARS) with advice on requests for data from this collection from the Independent Group Advising on the Release of Data (IGARD) along with consultation with profession representatives at the RCGP and the BMA.

Does my surgery have to comply with this?

YES. We are legally mandated to.

Do I have to allow my records to be processed in this way?

NO. You have the right to object (i.e. to opt-out).

This type of data processing is a “secondary use” of personal data, that is for purposes other than your direct medical care, and as such:

1) The legal basis (to meet the Common Law of Confidentiality) for this data extraction is section 259 of the Health and Social Care Act

2) GP surgeries are required by law to make fair processing information available to patients about this data extraction (such as this leaflet)

3) Patients have the right to object to this use of their data (i.e. to opt-out). This will not affect your entitlement to medical care in any way, either from the surgery or from any hospital.

What if I opt-out?

Your data will not be extracted and uploaded to NHS Digital for this purpose. Your data remains fully available to your GP surgery and, in all the other ways that we share your GP record, to external organisations such as NHS 111, the GP out-of-hours service, the ambulance service, A&E etc.

So how do I opt-out?

You need to do two things:

Tell Wellsbourne Healthcare CiC that you wish to opt out. You can submit this via the website, using this form, or you can call reception and let them know you wish to opt-out. You do not need to complete the paper form that is being widely circulated.

You also need to opt-out of all secondary uses of your hospital information, including this data extraction, by filling in an opt-out form available via NHS UK. We cannot do this for you.

If you have already opted out of secondary uses (e.g. if you had opted out of risk stratification for case finding) then your data will automatically be prohibited from extraction and uploading to NHS Digital for this particular purpose. You do not need to opt-out again. If you are not sure whether you have already opted-out of secondary uses, then you can simply opt-out now, to be certain.

A Type 1 secondary use objection will in no way affect how healthcare professionals provide you with direct medical care or prevent them from accessing your medical record if and when appropriate, and with your explicit permission.

Secondary uses are not about information sharing between healthcare professionals.

Where can I find more information?

  • NHS Digital has produced a transparency notice about this
  • The data provision notice to GP surgeries is available
  • More information about Type 1 and 2 data opt-outs is available via NHS Digital
  • Detailed information about your medical records and how your practice processes your information can be found in our privacy notice on our website.

If you would like any further information about primary or secondary uses of your GP record, opting out, the NHS Databases, access to your medical record, confidentiality, or about any other aspect of NHS data sharing or your medical records, then please do contact the surgery’s Caldicott Guardian/Information Governance lead/Data Protection Officer via email to [email protected].