Some members of society are recognised as needing protection, for example children and vulnerable adults. If a person is identified as being at risk from harm we are expected as professionals to do what we can to protect them. In addition we are bound by certain specific laws that exist to protect individuals. This is called Safeguarding.
Where there is a suspected or actual safeguarding issue we will share information that we hold with other relevant agencies whether or not the individual or their representative agrees.
There are three laws that allow us to do this without relying on the individual or their representatives agreement (unconsented processing), these are:
- Section 47 of The Children Act 1989
- Section 29 of Data Protection Act
- Section 45 of the Care Act 2014
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
The purpose of the processing is to protect the child or vulnerable adult.
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).