There are occasions when intervention is necessary in order to save or protect a patient’s life or to prevent them from serious immediate harm, for instance during a collapse or diabetic coma or serious injury or accident. In many of these circumstances the patient may be unconscious or too ill to communicate.
In these circumstances we have an overriding duty to try to protect and treat the patient. If necessary we will share your information and possibly sensitive confidential information with other emergency healthcare services, the police or fire brigade, so that you can receive the best treatment.
The law acknowledges this and provides supporting legal justifications.
Individuals have the right to make pre-determined decisions about the type and extend of care they will receive should they fall ill in the future, these are known as “Advance Directives”.
If lodged in your records these will normally be honoured despite the observations in the first paragraph.
Data controller contact details
Hampton Wick Surgery
Tudor House, 26 Upper Teddington Road
Hampton Wick
KT1 4DY
0208 977 2638
Data protection officer contact details
Dr Kieran O’Flynn – GP Partner
Tudor House, 26 Upper Teddington Road
KT1 4DY
0208 977 2638
Purpose of the processing
Doctors have a professional responsibility to share data in emergencies to protect their patients or other persons. Often in emergency situations the patient is unable to provide consent.
Lawful basis for processing
The processing of personal data in the delivery of direct care and for providers’ administrative purposes in this surgery and in support of direct care elsewhere is supported under the following Article 6 and 9 conditions of the GDPR:
- Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’.
- Article 9(2)(h) ‘necessary for the purposes of preventative 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…”
We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”
Recipient or categories of recipients of the processed data
The data will be shared with Health and care professionals and support staff in this surgery and at hospitals, diagnostic and treatment centres who contribute to your personal care.
Rights to object
You have the right to object to some or all the information being processed under Article 21.
Please contact the Data Controller or the practice. You should be aware that this is a right to raise an objection, that is not the same as having an absolute right to have your wishes granted in every circumstance.
Right to access and correct
You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.
Retention period
The data will be retained in line with the law and national guidance. www.digital.nhs.uk or speak to the practice.
Right to complain
You have the right to complain to the Information Commissioner’s Office, you can visit their website at: www.ico.org.uk or by calling their helpline:
Phone
0303 123 1113 (local rate) or 01625 545 745 (national rate).