Statutory Disclosures of Information
In this category, these are the organisations we share information about you with:
Statutory Disclosures of Information |
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Recipients or categories of recipients of the personal or special categories of personal data |
Purpose of the processing and data retention periods |
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Lawful basis - Section 8, Section 10, Part 1 of Schedule 1 - |
Your Rights |
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Safeguarding Concerns – to prevent an individual, or to prevent a serious crime |
Some members of public are recognised as needing safeguarding protection, for example children and vulnerable adults. If an individual is identified as being at risk from harm, we have a duty to do what we can to protect that individual, and we are bound ‘Safeguarding’ laws to do so. Where there is a suspected or actual safeguarding issue we will share information that we hold about you with other relevant agencies such as local Ambulance trusts, the police, A&E departments, out of hours services, 111 or Social Services) The source of the information shared in this way is your electronic GP record. Data Retention Period All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care. |
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The processing of personal data is permitted under the following GDPR and DPA conditions: GDPR Article 6(1) (e) - public interest or in the exercise of official authority; DPA Section 8 (d) - processing is necessary for the exercise of statutory functions; The processing of special categories of personal data concerning health is permitted under the following conditions: Article 9 (2) (c) – the processing is necessary to protect the vital interests of the data subject; Related Legislations: |
This sharing is a legal and professional requirement and therefore there is no right to object. The Children Act 1989 requires local authorities to investigate where a child is the subject of an emergency protection order, is in police protection or where there is a reasonable cause to suspect that a child is suffering or is likely to suffer harm. The Act requires the local authority to safeguard and promote the welfare of children who are in need, within their geographical area and to request help from specified authorities including General Practices, NHS Trusts, Clinical Commissioning Groups (CCGs) and NHS England. Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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The Care Quality Commission (CQC) is a regulatory body established under the Health and Social Care Act. The CQC regulates health and social care services in England to ensure that safe health and care are provided. The law allows CQC to access identifiable patient data/medical records in our clinical system for the purposes of their assessment and investigation of significant safety incident. The data will be shared with the Care Quality Commission, its officers and staff and members of the inspection teams that visit us from time to time. The source of the information shared in this way is your electronic GP record. Data Retention Period All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care. |
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The processing of personal data is permitted under the following conditions: Article 6(1) (c) - processing for legal obligation; DPA Section 8 (d) - Processing is necessary for the exercise of statutory functions. The processing of special categories of personal data concerning health is permitted under the following conditions: |
You have the right to:
Right to object: You have a general right to raise an objection to the processing of your personal data in some particular circumstances. This right only applies where we cannot demonstrate compelling legitimate grounds for continued processing of your personal data for the purposes of direct provision of care, and compliance with a legal obligation to which we are subject. If you wish to exercise any of your rights please contact the Practice (data controller) or the DPO and your request will be carefully considered. Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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Law Enforcement and Regulatory Bodies |
In some circumstances the Practice may be legally required to share personal information with law enforcements and regulatory bodies (without the consent of the data subject) such as: the Police; Courts of Justice; HMRC and DVLA for the purposes of prevention or detection of crime; apprehension or prosecution of offenders; the assessment or collection of any tax or duty or, of any imposition of a similar nature. GPs are obliged to notify the DVLA when fitness to drive requires notification but an individual cannot or will not notify the DVLA themselves, and if there is concern for road safety, which would be for both the individual and the wider public. The Practice will review each request based on its merits before deciding whether to release information to the ‘relevant authorities’. The source of the information shared in this way is your electronic GP record. Data Retention Period All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care. |
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The processing of personal data is permitted under the following conditions: Article 6(1) (e) - public interest or in the exercise of official authority; DPA Section 8 (d) - Processing is necessary for the exercise of statutory functions. The processing of special categories of personal data concerning health is permitted under the following conditions: Article 9 (2) (G) – the processing is necessary for reasons of substantial public interest In accordance with DPA Schedule 1, Part 2, (10) (1c) – the condition is met where the processing is necessary for the prevention or detection of an unlawful act |
This sharing is a legal and professional requirement and therefore there is no right to object. Personal data processed for these purposes are exempt for the first data protection principle (processed lawfully, fairly and in a transparent manner). Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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Medico-Legal |
Medico-Legal - Where a medical professional is holding personal data for the purpose of providing medical reports in connection with legal action. The source of the information shared in this way is your electronic GP record. |
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The processing of personal data is permitted under the following conditions: GDPR Article 6(1) (c) - processing for legal obligation; The processing of special categories of personal data concerning health is permitted under the following conditions: In accordance with DPA Schedule 1, Part 3, (33) - the conditions for processing for legal claims is met where it is in connection with, any legal proceedings including prospective legal proceedings or; for the purpose of obtaining a legal advice or; establishing exercising or defending legal rights. |
This sharing is a legal and professional requirement and therefore there is no right to object. Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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General Medical Council (GMC) is a public body that maintains the official register of medical practitioners within the United Kingdom. Its primary responsibility is ‘to protect, promote and maintain the health and safety of the public’ by controlling entry to the register, and suspending or removing members when necessary. Under the Medical Act 1983, the GMC has the power to request access to a patient’s medical records for the purposes of an investigation into a doctor’s fitness to practise. The source of the information shared in this way is your electronic GP record. Data Retention Period All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care. |
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The processing of personal data is permitted under the following conditions: Article 6(1) (c) - processing for legal obligation; GDPR Article 6(1) (e) - public interest or in the exercise of official authority; DPA Section 8 (d) - processing is necessary for the exercise of statutory functions; The processing of special categories of personal data concerning health is permitted under the following paragraph: DPA Section 10 (1) (c) – processing is necessary for health and social care purposes; Related Legislation: |
You have the right to:
Right to object: You have a general right to raise an objection to the processing of your personal data in some particular circumstances. This right only applies where we cannot demonstrate compelling legitimate grounds for continued processing of your personal data for the purposes of direct provision of care, and compliance with a legal obligation to which we are subject. Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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The Health Service Ombudsman (HSO) was set up by Parliament to provide an independent complaint handling service for complaints that have not been resolved by the NHS in England and UK government departments. The HSO has the power to request access to a patient’s medical records for the purpose of an investigation. The source of the information shared in this way is your electronic GP record. Data Retention Period All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care.
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The processing of personal data is permitted under the following paragraph: Article 6(1) (c) - processing for legal obligation; GDPR Article 6(1) (e) - public interest or in the exercise of official authority; The processing of special categories of personal data concerning health is permitted under the following paragraph: DPA Section 10 (1) (c) – processing is necessary for health and social care purposes; Related Legislation: |
You have the right to:
Right to object: You have a general right to raise an objection to the processing of your personal data in some particular circumstances. This right only applies where we cannot demonstrate compelling legitimate grounds for continued processing of your personal data for the purposes of direct provision of care, and compliance with a legal obligation to which we are subject. Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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NHS Counter Fraud
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Under the NHS Act 2006, investigations into fraud in the NHS may require access to confidential patient information. This means that we are compelled by the law to share your data. The source of the information shared in this way is your electronic GP record. Data Retention Period All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care. |
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The processing of personal data is permitted under the following paragraph: Article 6(1) (c) - processing for legal obligation; The processing of special categories of personal data concerning health is permitted under the following paragraph: Related Legislation: |
Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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NHS Digital – Statutory Data Collection |
NHS Digital is a national information and technology partner to the health and social care system. NHS Digital use digital technology to transform the NHS and social care. NHS Digital carries out National Data collections/ extraction from the GP record. These include: National Diabetes Audit (NDA) - A national monitoring system, auditing the care of patients with diabetes. The data extracted for the purpose of NDA includes NHS Number, date of birth and postcode, as well as clinical parameters related to diabetes. NDA is a mandatory data extraction under section 259 of the Health and Social Care Act 2012, this means that we are compelled by law to share your data Individual GP Level Data (IGPLD) - A national monitoring system to enable NHS Digital to provide GPs with clinical information on the care provision for their patients. The data extracted includes the NHS number. IGPLD is a mandatory data extraction under 259 of the Health and Social Care Act 2012, this means that we are compelled by law to share your data FGM) - NHS Digital collects data on FGM within the NHS in England on behalf of the Department of Health (DH). Data collected is used to produce information that helps improve NHS and local authorities to improve on how they support women and girls who have had or, who are at risk of FGM. FGM Enhanced Dataset is a mandatory data extraction under section 259 of the Health and Social Care Act 2012, this means that we are compelled by law to share your data when required. The source of the information shared in this way is your electronic GP record. Data Retention Period All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care |
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The processing of personal data is permitted under the following condition: Article 6(1) (c) - processing for legal obligation; The processing of special categories of personal data concerning health is permitted under the following GDPR and DPA conditions: DPA Section 10 (1) (c) – processing is necessary for health and social care purposes; Related Legislation: |
You have the right to:
Right to object: You do not have the right to object as the sharing is a legal and professional requirement under the law. Whilst there is no right to object when we are complying with a legal obligation, NHS Digital respects Type 1 objections (9Nu0 read codes) present in the GP record and no data will be extracted and uploaded if so. Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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NHS England is responsible for securing, planning, designing and paying for Primary Care & Specialised NHS services not otherwise funded by Kent and Medway CCGs. This includes planned and emergency hospital care, mental health, rehabilitation, community and primary medical care (GP) services. We may often share personal information with NHS England potentially for safeguarding concerns that need escalating beyond our borough. Where required the Practice may also have to share staff personal information with NHS England for the purpose of allegations framework or performers list. The source of the information that may be shared in this instance are in the staff record and patient’s electronic GP record. Data Retention Period All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care. |
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The processing of personal data is permitted under the following conditions: Article 6(1) (c) - processing for legal obligation; DPA Section 8 (d) - processing is necessary for the exercise of statutory functions; The processing of special categories of personal data concerning health is permitted under the following paragraph: |
You have the right to:
Right to object: You do not have the right to object as the sharing is a legal and professional requirement under the law. If you wish to exercise any of your rights please contact the Practice (data controller) or the DPO and your request will be carefully considered. Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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The National Cancer Diagnosis Audit (NCDA) looks at primary and secondary care data relating to patients diagnosed with cancer. It helps to understand pathways to cancer diagnosis, what works well and where improvements could be made. The audit looks specifically at clinical practice in order to understand:
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The processing of personal data is permitted under the following conditions: Article 6(1) (c) - processing for legal obligation; DPA Section 8 (d) - processing is necessary for the exercise of statutory functions; The processing of special categories of personal data concerning health is permitted under the following paragraph: |
You have the right to:
Right to object: You do not have the right to object as the sharing is a legal and professional requirement under the law. If you wish to exercise any of your rights please contact the Practice (data controller) or the DPO and your request will be carefully considered. Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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Public Health England is an executive agency of the Department of Health and Social Care, and a distinct organisation with operational autonomy. The main purpose of the organisation is to protect and improve the health and wellbeing of citizens. These include the management of smoking, alcohol and obesity; management of epidemics and infections such as flu, measles, tuberculosis or outbreaks of food poisoning. The source of the information shared in this way is your electronic GP record. Data Retention Period All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care. |
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The processing of personal data is permitted under the following paragraph: Article 6(1) (c) - processing for legal obligation; The processing of special categories of personal data concerning health is permitted under the following condition:
Related Legislations: The Health Protection (Notification) Regulations 2010 (SI 2010/659); |
You have the right to:
Right to object: You have a general right to raise an objection to your personal data being shared with the recipient. If you wish to exercise any of your rights please contact the Practice (data controller) or the DPO and your request will be carefully considered. Right to complain: If you are dissatisfied with the way Otford Medical Practice process your data, you have the right to appeal/complain to the Information Commissioner (IC). The IC can be contacted at: |
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