Privacy Notice - Patients
Who we are and what do we do
The Coventry and Warwickshire Partnership NHS Trust (the Trust) is part of the NHS and provides the following services across Coventry and Warwickshire, Solihull, Hereford and Worcestershire: -
- Inpatient mental health services
- Community mental health services
- Inpatient learning disability services
- Community learning disability services
- Inpatient and Community eating disorder services
- Respite and residential care services
- Community physical health services e.g. district nursing etc.
The Trust is registered with the Information Commissioner’s Office as a data controller. The Trust’s registration number is: Z9641870.
Trust’s Contact Details
Coventry and Warwickshire Partnership NHS Trust Wayside House, Wilsons Lane, Coventry, CV6 6NY
Tel: 024 7636 2100
Data Protection Officer
The Trust’s Data Protection Officer is the Head of Information Governance and can be contacted at;
Information Governance Team
Wayside House, Wilsons Lane, Coventry, CV6 6NY Tel: 024 7653 6728
What information we collect about you
The Trust will collect personal and sensitive information about you. This information is necessary in order to provide direct health care to you.
Personal information will include: -
- Your name
- Your address and post code
- Your telephone number
- Your NHS number
- Your marital status
- Your employment status
- Your preferred contact details e.g. relatives, friends and carers contact details
- Your opinions and decisions about your contact with our services
Sensitive or special categories of data will include: -
- Your racial or ethnic origin
- Your religious or other beliefs (if appropriate)
- Your sexual orientation
- Your specific health data
- Records of your contacts with our services
- Diagnosis and/or the problems that you are experiencing with your health
- Personal appearance and behaviour (relevant to your clinical presentation)
- Results of test results, such as X rays/Laboratory results or other investigations or assessments
- Any previous information about care and treatment that you have received
- Relevant information from other health and/or social care organisations
- Domestic and social circumstances directly relevant to your care and treatment
- Professional opinions on your current health status and future health care needs
- Information about risks that may affect you or where you may pose a risk to others
We may also collect and store information about previous convictions where this is relevant to the care and treatment we are providing to you and/or where this is relevant to the health and safety of our staff and other patients.
How we collect information about you
Most of the information held about you in the Trust has either come directly from you or is as a result of the interaction between you and the health professionals and administrative staff with whom you have contact. We may also receive information about you from: -
- Other NHS Trusts such as Hospitals
- Local Authorities
- Relatives, carers and friends
How we use the information about you
The Trust collects information from you in order to be able to provide you with direct health and social care and treatment.
The Trust collects information from you to be able to:
- Confirm your identity
- Contact you by post, email and telephone
- Assess your health/social care needs
- Deliver appropriate health/social care to you as our patient
- Prevent harm or injury to you or another person
- Ensure that up-to-date and relevant information is available to all staff caring and treating you
- Ensure that the care and treatment that your receive is safe and effective
- Review care and treatment to ensure that it is of the highest standard
- Ensure that we meet our legal obligations to provide health care in certain circumstances
- Review your care and treatment in the event of an untoward incident
- Manage and investigate complaints made by you about your care and treatment
- Respond to legal or other claims about your care and treatment
- Meet various legal requirements including to provide information on notifiable diseases
- Provide information to other NHS organisations as required by law or other directions.
- Ensure payments are made for Out of area care or other specific care packages
- Prevent and detect fraud or crime
- Provide statistical analysis of the use of services and so that we can plan future services
The lawful basis for us using your information
The lawful basis for using your information is a ‘public task’. It is necessary for the Trust to use your information in order to provide you with direct health care.
- Patient ‘personal data’ is processed under Article 6 (1) (e) which states that “processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”.
- Patient ‘sensitive data’ is processed under Article 9 (2) (h) which states that “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”.
This lawful basis means that the individual’s rights to ‘erasure’ and ‘portability’ do not apply.
Who we share your information with
- Sharing for Direct Care
As a patient of the Trust, your data will be shared within the health care team providing you direct health care; that could be doctors, nurses and other allied health professionals providing you with care and treatment. Authorised non health professionals will also have access to information about you as appropriate in order to manage your health records, write to invite you to appointments and generally manage your contacts with the Trust. All staff are bound by a contractual duty of confidentiality and are also subject to data protection legislation.
Information will also be shared with your General Practitioner (GP) to ensure that there is one continuous record of all health care that you have received from any NHS provide or other health provider.
The Trust will also share relevant information with other NHS Trusts such as a Hospital Trust where you are being referred for specialist or hospital based treatment.
- Section 75 Partnership Agreement
As a result of Section 75 of the National Health Services Act 2006, in some of our services we work in formal partnership working arrangements with other registered professionals, such as social workers. These are mainly within are community mental health teams where we have specialist registered social workers who are employed as part of the Community Teams. This is from the appropriate local authorities, such as Coventry City Council and Warwickshire County Council.
Thus if you are a patient of a community mental health team your health records will have entries and information recorded within them by the whole care team including the registered social workers. These joint records will be managed in line with the current requirements as to security, confidentiality and how long we keep these records.
- Information shared with you consent
Where the Trust receives a request for information about you including information from your health records, if this is not connected with your direct health/social care, the Trust would ask for your explicit i.e. written consent. For example if a Solicitor or other external organisation such as an Insurance company asked for copies of your health records, the Trust would only provide this information about you when you have consented in writing and told us what you are happy to share.
- Information Shared in your ‘best interests’
If you lack the capacity to act on your own behalf, the Trust will, on a case by case basis, review what is in your best interests and may share relevant information with your appointed representatives, such as:
- a person with Powers of Attorney
- a Court appointed Deputy
- Family members who you have agreed can be involved in your care
- Court of Protection
- Independent Mental Capacity Advocates (IMCAs)
- Information shared to protect ‘vital interests’
There may be circumstances where we need to share information to protect you or another person or persons from serious harm. When this is the case, if we can tell you what we are going to share and why, we will do so. However, if to inform you would put you or another person in more danger we would share specific information to protect you or someone else. This would be on the legal basis of sharing to protect a person or persons “vital interests”. The reasons for sharing this information would be recorded.
- Information shared in regard to Safeguarding
The Trust may also share information about you or information that you have shared with us in order to protect or safeguard you or another individual.
The Trust has a legal responsibility under the Children’s Act 1989 and the 2004 Act to share such information that is required by the appropriate local authority who are conducting investigations in regard to the safeguarding of a child or children.
The Trust also has a duty to cooperate and to share relevant information in regard to a vulnerable adult as a result of the changes within the Care Act 2014. This Act gives the Local Authority in each area a duty to put procedures in place to safeguard vulnerable adults who have care and support needs. Other organisations identified by this law, including health Trusts such as Coventry and Warwickshire Partnership NHS Trust have a duty to assist the Local Authority and to provide relevant and specific information to assist in the protection of a vulnerable adult.
- Information shared with the Police in relation to a serious crime/fraud
There may be occasions when we receive a request from the Police for information about a suspect. We would only share limited information after considering the circumstances of the particular request. This would include consideration of the seriousness of the crime and whether withholding the information would be likely to serious prejudice the police’s ability to, prevent, detect, apprehend and prosecute that suspect in relation to the specific crime.
- Information shared because of other legal bases
The Health and Social Care Act 2012 set up a new NHS organisation called NHS Digital. NHS Digital is also known as the Health and Social Care Information Centre.
One of the specific legal responsibilities of NHS Digital is to be the safe haven of health and care information. NHS Digital collects data and information about people using health and care services in England and in some cases Wales, Scotland and Northern Ireland. This information is needed to run the health service.
The Secretary of State for Health and Social Care, and NHS England, can tell NHS Digital to collect and process information on specific topics, or set up information systems to collect information. This means they can see, for example, whether policies are working or which treatments are most effective. These orders are called 'directions'.
The Care Quality Commission (CQC), National Institute for Health and Care Excellence (NICE) and NHS Improvement (NHSI) can also tell NHS Digital to collect information. These are called 'mandatory requests'.
Other health and care organisations and local authorities can also ask NHS Digital to collect information for them, if they are legally allowed to view this information.
When NHS Digital is told or asked to collect certain information nationally, this means that Coventry and Warwickshire Partnership NHS Trust has a legal duty to share the required information or data sets with NHS Digital.
NHS Digital publishes 'data provision notices', telling the Trust what data we need to provide to NHS Digital.
Some of the information provided to NHS Digital is identifiable patient information. One of NHS Digital’s roles is to convert such data into non- identifiable data or anonymised data for use within the local Health Service Commissioning bodies such as the Clinical Commissioning Groups. Where identifiable data is not required this will be anonymised.
How long we keep your information
Information will be kept in accordance with the National Records Management Code of Practice.
The usual retention periods for health records are as follows: -
- Physical health records - 8 years after the last treatment date.
- Mental Health records – 20 years after the last treatment date/contact with the service.
- After a patient’s death, most records are kept for a further 8 years in case of any ongoing issue such as an outstanding complaint or legal action.
NB: Some records are kept for longer if they have historical or research use.
How we protect your Information
The Trust has processes in place to ensure that information is handled in a secure manner at all times. This includes safe haven procedures, encryption software and authorised only access to clinical systems.
Information Security and Confidentiality is included within the Trust’s annual statutory and mandatory training.
Your individual rights
Data Protection Law gives individuals rights in regard to the use of their personal information. Individuals Rights are:-
- The right to be informed: you have the right to know what information we hold about you and how we use your information.
- The right to access information about you: you have the right to have access to information held by the Trust about you. You may also request a copy of any information about you. Click here to find out more.
- The right to rectification: if you think that something is factually incorrect in your records you can ask your health professional to update your records.
If you disagree with a health professional’s opinion or are not happy with what has been written about you please write to the Trust via the PALS Team so that your issues can be investigated and steps taken to have a statement placed in your records. PALS contact details arePatient Advice and Liaison Service (PALS) Wayside House, Wilsons Lane, Coventry, CV6 6NY, telephone: 0800 212 445 (Freephone) / 024 7653 6804 Email: PALS.Complaints@covwarkpt.nhs.uk
- The right to erasure (right to be forgotten): this right does not apply to information held for the provision of direct health care.
- The right to restrict Processing: If you think that there is something factually incorrect with the information we hold about you, you can ask that further sharing of this information is restricted until it is corrected. You can do this by speaking to your health professional.
- The right to data portability: this right is limited to information that is held in a machine readable format. This right does not apply to your health records. This right does apply to telephone/video recordings, including CCTV footage, where it exists.
- The right to object: you have the right to formally write to the Trust to object to the processing of your data. The Trust must review your objection and respond to you to let you know the outcome of our review. In the case of data being processed for direct care purposes it is unlikely that we can stop or otherwise erase such information as we are processing this based on our legal requirement as a public body undertaking a public function, which is the provision of health and social care.
- The right not to be subject to automated processing including profiling: the Trust does not currently use your personal and/or sensitive (special categories) data to make decisions about you without the intervention of a person, be that a health professional or other authorised member of staff.
If you require further information, please contact the Trusts Information Governance Team or Data Protection Officer: -
Information Governance Team
Wayside House, Wilsons Lane, Coventry, CV6 6NY Tel: 024 76362100
Making a Complaint / Raising Issues
If you are not satisfied with how your information has been processed you can contact our Patient Advise and Liaison Service (PALS).
Patient Advice and Liaison Service
Coventry and Warwickshire Partnership NHS Trust Wayside House
Wilsons Lane Coventry CV6 6NY
Tel: 0800 212 445 (Freephone)
024 7653 6804
Alternatively you can contact the Information Commissioners Office:
Information Commissioner's Office Wycliffe House
Water Lane Wilmslow Cheshire SK9 5AF
Tel: 0303 123 1113
Live Chat: https://ico.org.uk/global/contact-us/email/