How we use and share your information to help you

Data Protection Act 2018

Your Data Matters

Your data belongs to you and it is important it is used only in ways you would reasonably expect, and that it stays safe. Data Protection Law makes sure everyone’s data is used properly and legally.

We work hard to keep your personal data secure. This includes regularly reviewing our privacy notice so you are aware of how we use your data and how we ensure your data is protected. To view our privacy notice and retention schedule, please visit our website: www.lpft.nhs.uk/privacy-policy

The NHS Care Record Guarantee sets out the rules that govern how patient information is used in the NHS and what controls patients can have over this. It covers:

• People’s access to their own records
• How access will be monitored and policed
• Access in an emergency
• What happens when someone cannot make decisions for themselves

Protecting confidentiality

The Trust has an appointed Caldicott Guardian who is a senior person responsible for protecting the confidentiality of patient information and enabling appropriate information sharing. They play a key role in ensuring that the Trust has the highest practical standards for handling personal and sensitive information.

Access to information is only provided to those authorised to use this information in order to provide you with healthcare, or to make decisions about the healthcare that you are receiving. We also access the Summary Care Record which is managed and controlled by your GP to ensure that the information we hold about you is accurate and up-to-date. This relates mainly to your demographic information and any medications which you are prescribed.

Please inform us or your GP of any changes to your details so that we can keep your record accurate and up to date.

Your information will be retained in accordance with the Records Management Code of Practice for Health and Social Care. The Trust has incorporated these standards into its policies and copies are available on the Trust website: www.lpft.nhs.uk/about-us/accessing-our-information/policies

We will not share health information that identifies you for any reason other than providing your care unless:

• You ask us to do so.
• We ask and you give us specific permission.
• We have to do this by law. For example for child protection, domestic abuse, safeguarding or in the best interest of the wider public.
• We have special permission because the public good is thought to be of greater importance than your confidentiality.
• There is a concern that you are putting another person or yourself at risk of serious harm.

Why do we collect information about you

LPFT aims to provide you with the highest quality care. To do this effectively, efficiently and safely, we must keep records about you, your health and the care we have provided or plan to provide to you. The information you provide helps us to ensure you are receiving the best care, information and support that is right for you.

These records may include information such as:

• Your address, date of birth and emergency contact details.
• Equality and diversity data (for example, ethnicity or religion). We are legally obliged to collect this information so we and our commissioners can be sure that we provide our services fairly to anyone from any background or community who may need them.
• Notes and reports about your health, and information about your treatment and care.
• Information from other people who are involved with your care, such as other health and social care professionals or relatives.
• Records on other contact we have had with you, for example if you have contacted us with an enquiry or have attended an event and agreed for us to send you our newsletters.

This enables us to provide a good basis for all health decisions made for you by healthcare professionals in order to ensure your care is safe and effective.

How your health record helps the NHS

Health Records are used to assist in areas such as:

• Looking after the health of the general public. For example notifying central NHS groups of outbreaks of infectious diseases.
• Reporting events to the appropriate authorities when we are required to do so by law – e.g. notification of births.
• Paying your GP or hospital for the care you have received.
• The audit of NHS accounts and clinical audit of the quality of services provided.
• Reporting and investigation of complaints, claims and untoward incidents.
• Service planning to ensure we meet the needs of our population in the future.
• Preparing statistics on our performance for the Department of Health.
• Reviewing our care to ensure that it is of the highest standard.

Accessible Information Standard

Please tell us if you have any communication needs relating to a disability or sensory loss. You may require information in large print, audio, Braille, easy read, or in an alternative language.

If you prefer to have your correspondence in an alternative format or emailed, our teams can arrange this for you. Please let a member of the team know at your next appointment. Your healthcare worker will note this on your record so everyone in your care team is aware of your requirements.

Sharing letters with you

During the course of your treatment, the health professionals who look after you will, on occasion, be required to write to each other to discuss aspects of your care. The letters are written to enable them to share information about your treatment and wellbeing.

You are entitled to receive a copy of any letters written about you sent between healthcare professionals. All of the information contained in these letters will already have been discussed with you but having copies may help you in your understanding of the treatment you are receiving.

Health professionals responsible for the writing of letters will make every effort to avoid the use of technical information. However, if there are aspects of the information you don’t understand, you can contact the health professional who is responsible for the correspondence directly.

Do I have to have a copy of letters?

No. You may decide that you are satisfied with the information which has been provided by healthcare professionals verbally and that you prefer not to receive copies of the letters.

Choosing whether or not to receive copies of letters will not affect the care and treatment you receive.

Accessing your health records

You are legally entitled to access your own health records under the Data Protection Act 2018. This is called a Subject Access Request. We are required to respond to you within one month.

If you would like copies of your records, a request form can be obtained from the Records Management office on 01529 222327 or you can send us a letter to the address in the contact us section on page 11. Information on how to access your records can be downloaded from our website at www.lpft.nhs.uk or email us at lpft.lpftrecords@nhs.net. 

Use of personal confidential data for purposes other than direct care

National Data Opt Out

The national data opt out was introduced on 25 May 2018, enabling patients to opt out from the use of their data for research or planning purposes, in line with the recommendations of the National Data Guardian in her review of data, security consent and opt-outs.

Patients can view or change their national data opt out choice at any time by using the online service at  www.nhs.uk/your-nhsdata-matters or by clicking on "Your Health" in the NHS App, and selecting "Choose if data from your health records is shared for research and planning". For further details, please visit
www.digital.nhs.uk/services/national-data-opt-out

The following sections detail situations where your information may be used for purposes beyond your direct care and treatment. You are entitled to withdraw consent for sharing this information at any time.

If you have concerns, please discuss these with your health professional or email lpft.dataprotectionofficer@nhs.net

External regulation

From time to time auditors will come to our Trust to quality check the information we hold. Under the Local Audit and Accountability Act 2014, these auditors have the authority to access personal information without the permission of our patients.

Any information recorded by the auditors will be referenced by an identification number instead of the name of a patient and will not be kept for longer than necessary as per requirements under the Data Protection Act 2018.

The Care Quality Commission (CQC) is the independent regulator of health and social care in England. They also protect the interest of people whose rights are restricted under the Mental Health Act.

They routinely inspect the Trust premises to quality check information we hold and the services we provide in line with the Health and Social Care Act 2012. These inspectors have the authority to access personal information without the permission of patients. For further details, visit www.cqc.org.uk/about-us

The wider NHS and partner agencies

In order to plan and deliver services within the NHS, the government needs certain specific information. For example, medicines prescribed and the numbers of patients seen. We must provide this statistical information.

Personal data, such as your name and address are removed and information is shared in an anonymous format with NHS Digital for purposes such as the Mental Health Services Data Set.

As mentioned above, you have the right to withhold consent to this sharing of your information. To do so, please notify your healthcare professional or email lpft.dataprotectionofficer@nhs.net and a note will be placed on your records.

The Lincolnshire Care Portal

The Lincolnshire Care Portal is a secure computer system that provides health and care staff with a selected view of your personal information contained in different health and care systems. If you do not want your personal information to be viewed by health and care staff in the Care Portal, you need to complete an opt out form which can be found at www.lincolnshire.nhs.uk/together/care-portal

National Records Locator

The National Record Locator provides a service to health and care organisations which allows them to make patient records available to those that need them for the delivery of care to patients. The service works by providing a registry of pointers which shows a user that a patient record exists and where it is held. This service allows those delivering care in health settings, such as an authorised clinician or care worker, to access a patient’s record in real time and at the point of need. NHS Digital provides the service as the means to enable NHS organisations to share information.

Information sharing in Multi-Disciplinary Teams (MDTs)

Your care may at times be provided by several health and care professionals from one or more organisations through an MDT, in which they will come together to discuss how best to care for you. Information will need to be shared between them so that they have the information they need to provide you with the best care. There is a legal duty on organisations to share your information for your individual care where it is lawful to do so, unless you object.

Teaching and research

Some medical information is needed to teach student health professionals who are directly involved in your ongoing care. Our research and development team is committed to ensuring that people who use services are given the opportunity to take part in research.

Where your identifiable data would assist us in any research studies, your regular healthcare professional will contact you to obtain your consent to be included in the research. Otherwise, personal identifiable details are removed.

Right to complain

You have the right to be confident that the Trust handles your personal information responsibly and in line with good practice.

If you have a concern about the way we have handled your information, please tell us immediately using the contact details below so that we may deal with your concern and work with you to resolve it.

For example, contact us if you have concerns that we:

• have not kept your information secure
• hold inaccurate information about you
• disclosed information about you
• kept information about you for longer than is necessary
• collected information for one reason and used it for something else

In the first instance, please contact us. However, you also have the right to lodge a complaint with the Information Commissioners Office. Contact details can be found by visiting https://ico.org.uk/make-a-complaint

Contact us

Records Management Unit 9
The Point
Lions Way
Sleaford
NG34 8GG

Call: 01529 222327

Email: lpft.lpftrecords@nhs.net