Patients and Residents – privacy notice

The RHN collects information which is paper-based and held on its computer network.  We also collect information as photographs, audio recordings and audio-visual recordings.  We take our duty to protect your personal information and confidentiality very seriously and are committed to take appropriate measures to ensure it is held securely and only accessed by those with a need to know.

The RHN may store information abroad, however, some of your information may be stored using Cloud technology which is owned by other organisations who have been carefully vetted and have provided assurances that your information is secure.

Name, Address, Date of Birth, Key contacts details (those identified to be called in an emergency or can be consulted or informed about your care).

Details of diagnosis, treatment and hospital visits.

Allergies and health conditions.

Relevant information from people who care for you and know you well such as your GP,
other health or social care professionals, relatives or carers.

We also collect information about your ethnicity, religion, disability, language preference and sexual orientation, in order to monitor that we are treating everybody fairly.

It is essential that we have accurate and up to date information about you. Please check that your personal details are correct whenever you visit us and keep us informed of any changes e.g. address, contact details, GP practice.

Photographs and audio recordings and video recordings are sometimes made to record condition and progress.

The primary purpose for collecting information is for the provision of healthcare services.

The people who care for you use your information:

• to assess your health and decide on the most appropriate care for you.
  make sure your care is safe and effective;
• appropriate information is available if you need to see another doctor or are referred to a specialist or somewhere else in the NHS or social care.
• Your contact details may also be used to set up video-conferencing services.
• Your concerns can be investigated if you have a complaint.
• The NHS and Care Quality Commission requires RHN to undertake patient surveys and friends and family surveys to assess and monitor the quality of care we provide. External providers are sometimes contracted to undertake the surveys and RHN will provide the provider your contact details so that they can contact you to send the survey form.
• The RHN is a training organisation. Your data may be shared with supervisors of our staff members and trainees who ensure that the care you receive is as expected.
• The personal details of key contacts, close family and friends may be to passed other organisations when required e.g. to plan discharges and invite to meetings.

We will normally share information about you (patients/residents/key contacts) with other health care and social care professionals directly involved in our care so that you may receive the best quality care.  For example, we will send your GP a summary of any test results, diagnoses and treatment given.

We may need to share information about you so that we can all work together for your benefit, if you are receiving care from other people:

• Social care services
• NHS service
• Local authorities
• Voluntary and private sector organisations working with the us and the NHS

The RHN’s partners who contribute to care provision are not always in the UK e.g. computer and electronic equipment providers.  In all circumstances, the partners are chosen from reputable companies and are required to sign a contract and confidentiality agreement with the RHN that they will protect and keep any information secure.

There may be other circumstances when we must share your information legally with other agencies when we are not required to seek your consent. e.g.

• There is a concern that you are putting yourself at risk of serious harm
• There is a concern that you are putting another person at risk of serious harm
• There is a concern that you are putting a child at risk of harm
• We have been instructed to do so by a court
• The information is essential for the investigation or prosecution of a serious crime
• You are subject to the Mental Health Act and your nearest relative must receive information even if you object
• If the information requires to be notified for public health or other legal reasons e.g. certain infectious diseases.

Your information will also be shared with other Organisations which manage overall Health and Social Care services e.g. NHS Counter Fraud Services, NHS Prescription Service, organisations that have a statutory duty to undertake financial or regulatory audits on Health Care Providers e.g The National Audit Office, Care Quality Commission.

The Benefits Agency and Job Centre Plus sometimes ask us to confirm the dates you attended the hospital. We provide this confirmation only; no clinical information is shared.

We also usually send a copy of letters sent to you at your home address to your GP (unless your GP is Wandsworth Medical Centre which is on site at RHN).  If you do not wish to receive this letter, please inform a member of staff or contact The Data Protection Officer at [email protected].

The information we collect about you when you use our services can also be used and provided to other organisations for uses other that your individual health care; this can only be used where allowed by law. Some examples are:

• Improving the quality and standards of care
• Research into the development of new treatments
• Preventing illness and diseases
• Monitoring safety
• Planning services
  

We use surveillance cameras (CCTV) around the hospital site in order to

• Protect staff, patients, visitors and property.
• Apprehend and prosecute offenders and prosecute offenders and provide evidence to take criminal or civil action in the courts.
• Provide a deterrent effect and reduce unlawful activity.
• Help provide a safer environment for our staff.
• Assist in traffic management and car parking schemes.
• Monitor operational and safety related incidents.
• Assist with the verification of claims.

You have a right to make a Subject Access Request of surveillance information recorded of yourself and ask for a copy of it. Requests should be directed to:

Head of Facilities, Royal Hospital for Neuro-disability.

You will need to provide further details which must contain sufficient information to identify you and assist us in finding the images on our systems.

We reserve the right to withhold information where permissible by the relevant legislation. The RHN only retains CCTV images for 21 days. Where CCTV images have been downloaded and stored for other reasons e.g. legal reasons, investigations, police requests or subject access requests, the images will be retained according to the legal requirement.

When your information is used or shared for your direct clinical care and associated administrative purposes, we do so under Article 6(1)e of the UK GDPR – processing is necessary for the performance of a task undertaken in the exercise of official authority. Article 9(2)h of the UK GDPR allows us to process your data for the purposes of medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services. We have a duty under Regulation 17(2)(c) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 to keep an accurate, complete and contemporaneous record in respect of each service user, including a record of the care and treatment provided to the service user and of decisions taken . We may also use your information if necessary for the purposes specified in the other parts of Regulation 17(2).

If and when we use your information for research in most instances the RHN relies on Article 6(1)e as above, and the exception in Article 9(2)j of the GDPR for research purposes. On occasions the legal basis may be your explicit consent. If you have formally consented to take part in research, this will satisfy the common law duty of confidentiality. Where it has been impracticable to obtain your consent your personal information may be shared with approval from the Secretary of State via the Confidentiality Advisory Group under Section 251 of the National Health Service Act 2006.

The RHN complies with the NHS “National Data Opt-Out”.  This means that if you have opted-out, your confidential information will not be disclosed for purposes beyond your direct care across the health and care system in England, unless an exemption has been granted. The form can be downloaded from your-nhs-data-matters or requested by calling the telephone service on 0300 303 5678

The RHN uses AI which is the simulation of human intelligence in machines (computer systems) which are programmed to think and learn like humans. AI can help a Health and Care professional to reach a decision about your care. Decisions are never made solely by the AI system; clinical professionals will always review and provide you and colleagues with advice, prior to making the final decision on the care and treatment you receive.
Some examples of where AI technology is used within the RHN:

Automated processing of patients’ vital signs which picks up very early signs that there may be a deterioration in a patient’s condition. This early warning is flagged to the doctor, who is able to examine the patient and take appropriate steps to prevent further deterioration. For example, the system may provides early indications that a patient is at risk of infection; this prompts the doctor to review the patient and take action before the patient’s condition gets to a point that become very ill and need transfer to a general hospital for acute care.

The RHN is now using AI Transcription Technology. This helps the clinical teams by transcribing and summarising communications following multi disciplinary team meetings and family meetings.

As part of this process the meetings are recorded using a secure and confidential system. These recordings are used only to create the appropriate documentation and are automatically deleted once the transcription and summary are available; these are checked by a senior member of the multi-disciplinary team for accuracy and completeness prior to being added to the patient’s record.

This technology helps the RHN avoid manual transcription which can cause delays, thus it also contributes to efficient continuity of care.

Accessing your information

You have a right to see or have a copy of the information the RHN holds about you. To obtain a copy, please write to Health Records Manager, Royal Hospital for Neuro-disability or email [email protected].
We will attempt to provide you the requested information in a format which is easy for reuse, however, until all patients’ records are electronic, this may not be possible. The RHN will provide you the information in the most convenient format.

If you think any of the information about you is incorrect, please contact a member of staff or the Data Protection Officer [email protected].

RHN will correct all demographic information after it has undertaken appropriate checks. Clinical opinions cannot be corrected however we will insert a note in the record that you wish to highlight that you disagree with the clinical opinion. We will also insert your requested amendments in the record.

Where family members or other representatives request your personal information, we will usually provide the information after you have consented. For patients who are unable to consent we may share your personal information in their best interest.

You have the right to restrict how and with whom we share information in your records. If you object to us sharing your information we will record this explicitly within your records so that all healthcare professionals and staff involved with your care are aware of your decision. If you choose not to allow us to share your information with other health or social care professionals involved with your care, it may make the provision of treatment or care more difficult or unavailable.

The RHN only keeps your health records for a defined period as per the Department of Health guidance.

The RHN maintains an archival collection which may contain your personal information; the archives are selected for permanent preservation.

The RHN may make records available as per the Freedom of Information Act 2000, as amended by the Data Protection Act 2018.

Please contact the RHN Archivist if you require further information.