Black Country Partnership NHS Foundation Trust Privacy Statement
COVID-19 Data Sharing and interim processes
Throughout the COVID-19 pandemic across the Trust our services will be working under alternative agile conditions. This is to safeguard our service users and staff against the virus.
You may be contacted by various methods during the outbreak to ensue that our staff can continue to provide a service to you. This would include:
- Text Message
- Video conferencing
- Telephone calls
If you have any concerns with how staff are contacting you please raise this with the staff members.
There are new data sharing requirements that the Trust must comply with to support the national public health review of COVID-19. Information will be shared linked to COVID-19 for the following purposes:
- To ensure that services remain available and accessible
- To monitor trends in the virus
- To understand areas of risk of
- To monitoring and managing the response to COVID-19 contracting the virus
- To monitor the effectiveness of capacity, medicines, equipment, supplies, services and the workforce within the health services and adult social care services
- To support research and planning in relation to Covid-19.
All information shared linked to COVID-19 is inline with Data Protection 2018/GDPR as well as Regulation 3(4) of the Health Service (Control of Patient Information) Regulations 2002.
Please note that this does not affect your usual rights under the Data Protection Act 2018. However; be mindful that if you do require access to your records or want to enforce any other rights under Data Protection, there may be a delay in providing you a full response to these request as staff are focusing efforts on frontline services to assist with the demand faced by services due to COVID-19.
Who is the Data Protection Officer?
The Trust's Data Protection Officer (DPO) is:
Katie Sparrow, Head of Information Governance (and DPO)
Tel: 0121 612 8017
The Data Protection Officer operates independently on how to deal with data protection matters putting patient rights at the heart of their decision making process. The Data Protection Officer will be the first point of call for individuals, such as patients, whose data is being processed, but will also be the person for staff to turn to relating to any data protection queries.
How do I access my health record?
Any request for access to health records should be forwarded on to:
Information Governance Team
Greets Green Road
West Bromwich B70 9PL
Telephone: 0121 612 8037
Why do we collect information about you?
Your doctor and the team of Health Professionals caring for you keep records about your health and any care or treatment you receive from the NHS. These records help to ensure that you receive the best possible care.
They will need to keep records, which may be written or held on computer, about your health and the care and treatment that you are receiving from them.
What will we collect?
The records that we keep about you will include:
- Personal details about you, such as name, address, date of birth, next of kin and telephone numbers.
- Sensitive details about you such as ethnicity, gender, what you are doing at the moment and what problems, if any, you may have.
- Any contact that we have had with you previously
- Notes and reports about your health and any treatment you have and may receive.
- Results of investigations and tests.
- Relevant information from people who care for you and know you well such as other health professionals and relatives.
It is essential that we have your correct details to ensure the appropriate care and treatment is provided to you, if your detail change please inform us as soon as possible.
What will we do with it?
Our staff will use this information to enable them to assess your health and to decide what care and treatment you will need. To maintain the accuracy of this information it will be regularly up dated and kept securely.
Your information can also be used for statistical purposes; in these cases we take strict confidentiality measures to ensure that the information is anonymous so individual patients cannot be identified.
Patient records can also be used within audit and for teaching purposes; in these cases we use anonymous information when possible.
In working together for your benefit we may need to share some information with others involved in your care.
If you are involved in a research project or your information is used for non-medical purposes, you will be asked for consent before your information is used.
We will only ever use or pass on information about you if others involved in your care where we have consent to do so. However there may be occasions where we have a statutory obligation to do so by law.
Do we share your information?
Yes the Trust does share information. We may need to share some information about you so we can all work together for your benefit. We will only ever use or pass on information about you if others involved in your care have a genuine need for it.
You may be receiving care from other people as well as the NHS (e.g. Social Services). We may need to share information about you with them so we can all work together for your benefit. We will only ever pass this information about you if:
• They have a genuine need for it such as where there is a danger of harm to a child or vulnerable adult or to aid the prevention and detection of serious crime
• There is a court order
• We have your consent
We will not disclose your information to a third party without your consent unless there are exceptional circumstances, such as when the health and safety of others is at risk or if the law requires us to.
How long do we hold your information?
The Trust follows destruction and retention periods as set out in theNHS Record Management Code of Practice.
The Trust’s Record Management Policies and Procedures in relation to retention and destruction of information has been produced in line with the Code of Practice and is available via our Publication Scheme.
1) Restrict Disclosure of Information:
You do have the right to restrict the disclosure of your personal information. By choosing this option, it may make the provision of care or treatment you receive more difficult or unavailable and we will fully inform you of this. You can also change your mind at any time about a disclosure decision.
2) Access to your Information:
The General Data Protection Regulation allows you, the patient, or an individual acting on your behalf to view or have copies of your health record. The Act provides a right of access to your information; however the Trust is entitled to withhold information considered to be detrimental to the physical or mental health of the patient or other person, or if the information contains information given by a third party.
3) Right to Rectification (to correct information held):
You can ask for corrections to be made to your records and you are entitled to a copy of the correction, or, if the record is not corrected, the record holder’s note of the request and any discussion.
4) Right to be Forgotten:
You can ask for your information to be deleted/erased; however where the information we hold about you is for the provision of health not all information can be erased. You can request to have information erased via the Trust’s Information Governance Team (contact details are below)
5) Right to Restrict Processing:
You have the right to limit the way in which we can use your data; this includes who we share data with. Please note that there are limitations to this as we need to ensure that we can meet your Health and Care needs. You can request to restrict the use of your data via the Trust’s Information Governance Team (contact details are below)
In addition to the above you also have the right to raise any complaints or concerns in relation to the use of your information with the Information Commissioner, who is the UKs supervisory body who oversees the Data Protection Act 2018 and GDPR.
We keep your health records secure
Everyone working for the NHS has a legal duty to keep information about you confidential and secure under the General Data Protection Regulation / Data Protection and the Caldicott principles. We use the minimum amount of information required to inform the people who need to know to provide you care.
Anyone who receives information from us is also under a legal duty to do the same and has a confidentiality clause in their contract. Breaking those rules can result in being dismissed.
Do we have a Lawful Basis for Processing your Information?
Yes; The Trust has the following Lawful basis for processing your information under Article 6 of the General Data Protection Regulation (GDPR);
1 (e) the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
In addition to this the Trust also uses special category data in line with Article 9 as follows:
2 (h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3
Please note that this does not include the processing of our staff information in line with their employment, the legal basis for this will differ due to the employment contract.
Better Care fund
The Better Care fund is a transformation incentive which is designed to bring about the integration of health and social care services, launched nationwide in April 2015.
Working together on this programme are the City of Wolverhampton Council, Wolverhampton Clinical Commissioning Group, The Royal Wolverhampton NHS Trust, Black Country Partnership NHS Trust and GPs, alongside groups and forums with whom we have engaged with, and continue to do so.
Data is being used and shared between the above mentioned organisations to assist in the review and redesign of services, as well as directly improving the care you receive. The programme is focusing on the following priorities:
- Reducing emergency admissions to hospital Reducing the number of delayed transfers of care from hospital Improving the effectiveness of re-ablement
- Reducing the number of people permanently placed in nursing and residential care
- Improving the experience of people using service
- Improving the number of people in Wolverhampton with a diagnosis of dementia.
For more information about this initiative please see the Better Care Wolverhampton webpages on the Woverhampton.gov website.
National Fraud Initiative (NFI)
Black Country NHS Foundation Trust is required [by law] to protect the public funds it administers. It may share information provided to it with other bodies responsible for; auditing, or administering public funds, or where undertaking a public function, in order to prevent and detect fraud.
The Cabinet Office is responsible for carrying out data matching exercises.
Data matching involves comparing computer records held by one body against other computer records held by the same or another body to see how far they match. This is usually personal information. Computerised data matching allows potentially fraudulent claims and payments to be identified. Where a match is found it may indicate that there is an inconsistency which requires further investigation. No assumption can be made as to whether there is fraud, error or other explanation until an investigation is carried out.
We participate in the Cabinet Office’s National Fraud Initiative: a data matching exercise to assist in the prevention and detection of fraud. We are required to provide particular sets of data to the Minister for the Cabinet Office for matching for each exercise, as detailed on the gov.uk website.
Mental Health Alliance for Excellence, Resilience, Innovation and Training (MERIT)
MERIT is one of 50 pilots across the country that are exploring new models of care which will act as the blueprints for the NHS moving forward and the inspiration to the rest of the health and care system.
MERIT comprises our Trust along with Birmingham and Solihull Mental Health NHS Foundation Trust, Dudley and Walsall Mental Health Partnership NHS Trust and Coventry and Warwickshire Partnership NHS Trust.
This unique mental health alliance will focus on three priority areas: Every day working in acute services, crisis care and the reduction of risk and recovery culture.
Some of the specific transformations we want to see are:
- Crisis care – exploring ways to map bed management and improving access and the patient experience
- Recovery – helping people to gain and stay in employment, working better with local communities, and developing a way to track quality of life
- Every day services (previously known as Seven Day Working) – exploring the benefits of weekend services, and charting comparisons with best practice in similar organisations
- Equality and diversity – developing a bespoke equality impact assessment to support other work streams and exploring ways to gather improved equality data Information technology – scoping options for a shared patient record
- Quality governance – developing a mock inspection tool to develop a consistent standard, which will also support CQC inspections
- Research and innovation – supplying evidence to support work stream priorities
- Workforce – developing baselines for statutory training and wider workforce planning
Dudley Multi-specialty Community Provider
Our work with Dudley CCG, Dudley Group of Hospitals NHS Trust, Dudley and Walsall Mental Health Partnership NHS Trust, Dudley Council and Dudley Voluntary Services aims to develop a network of integrated, GP-led providers across health and social care.
The health and social care system in Dudley is being redesigned so those teams involved in a person’s care can work together in community teams. These new teams will include mental health workers that will work together to keep people out of hospital as much as possible in a Multi-Specialty Community provider model.
So what does this mean for patients, carers and the wider public? They will have:
- Easier access to a wide range of care via their local GP practice
- Better outcomes based on what’s important to them
- Less trips to hospital as more services will be delivered in the community
- More advice and guidance to help them make the right choices and manage their own health
- Better access to local and voluntary groups
- More involvement in the design of care services
As a result of the health and care system working better together in this way, patients are not only receiving the coordinated support necessary for their health needs but they are also linking to the wider network of care and social interaction in their community to help them to live more independently for longer. Find more information on the Dudley CCG website.