UK GDPR: DATA PRIVACY NOTICE FOR CLIENTS/PATIENTS

PRIVACY NOTICE issued by Hemmady Ltd – Dr Karishma Hemmady

Introduction

Hemmady Ltd (“We”) are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

The rules on processing of personal data are set out in the UK General Data Protection Regulation (the “UK GDPR”).

Definitions

Data controller – A controller determines the purposes and means of processing personal data.

Data processor – A processor is responsible for processing personal data on behalf of a controller.

Data subject – Natural person.

Data protection legislation – Means the data protection legislation enforce in the UK from time to time and includes the Data Protection 2018 (as amended) and the UK General Data Protection Regulation (UK GDPR).

Categories of data: Personal data and special categories of personal data

Personal data – The UK GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of UK GDPR). For example name, passport number, home address, private email address, mobile/telephone contact number. Online identifiers include IP addresses and cookies.

Special categories personal data – The UK GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of UK GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, medical history and health data.

Processing – Means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Third party – Means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Who are we?

Hemmady Ltd is the data controller. This means we decide how your personal data is processed and for what purposes.

The Data Representative is Dr Karishma Hemmady

Our contact details are: info@medidermclinic.com

For all data matters contact Dr Karishma Hemmady on info@medidermclinic.com

The purpose(s) of processing your personal data

We use your personal data for the following purposes:

  1. To enable us to supply professional services to you as our client.
  2. To enable us to carry out quality improvement activities (which may include asking you to voluntarily complete patient surveys) to help us improve our services so that we can make sure we provide you with the best healthcare care and service as our patient.
  3. To enable us to invoice you for our services and investigate / address any fee disputes that may have arisen.
  4. To maintain our own accounts and records.
  5. To contact you about other services we provide which may be of interest to you if you have consented to us doing so.
  6. Seek your thoughts and opinions on the services we provide.
  7. Notify you about any changes to our services.
  8. The processing is necessary for archiving purposes in the public interest, scientific or medical research purposes or statistical purposes.

If any data is to be used for research or scientific purposes this can be done only with explicit consent and it will be fully anonymized.

  1. To comply with professional obligations to which we are subject as a member, for example those required by the General Medical Council.
  2. To fulfil our obligations under relevant laws in force from time to time.
  3. Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to provide you with the service you require, but we will notify you if this is the case at the time.

The categories of personal data concerned

With reference to the categories of personal data described in the definitions section, we process the following categories of your data:

  • Personal data
  1. personal details (such as name, title, date of birth, sex, gender, marital status, occupation, company);
  2. contact details (such as your address, personal telephone numbers and personal email address);
  3. financial information (such as your bank account details, payment card details and information about your financial circumstances);
  4. information about your chosen next of kin (for the sole purpose of emergency contact details);
  5. information about other healthcare providers (such as your NHS number and GP & practice details)
  • Special categories of data
  1. information about your racial or ethnic origin;
  2. information about your religious beliefs;
  3. information about your sex life and sexual orientation;
  4. healthcare information, including:
  5. height & weight
  6. any disabilities or special requirements which you may have and known allergies;
  7. medical records relating to your treatment by us;
  8. your medical history including problems, medication, family & social history ; and
  9. records required by care regulators

Clinical photographs and video recordings

During your assessment and treatment, it may be clinically appropriate for us to take photographs or video recordings of you. These images form part of your medical record and are treated as special category health information. They are used to aid clinical examination, to document your condition, to diagnose and plan treatment, to monitor your progress and to evaluate the outcome of your care. They may also be retained in our archive where necessary for medico‑legal purposes.

These images are stored securely with your health records and are only accessed by members of the clinical and administrative team who need to see them for the purposes described above.

We will not use your images in publications, teaching or training events, presentations, marketing materials, clinical audit or research unless we have obtained your separate, specific consent for that particular use. Giving or refusing such consent will not affect the care and treatment you receive.

The legal reasons we rely on for taking and using these images for your care and for medicolegal purposes are the performance of our contract with you, compliance with our legal and regulatory obligations, our legitimate interests in providing and improving safe clinical care, and the specific rules in data protection law that allow doctors to use health information for medical diagnosis, treatment and healthcare management.

The above information which we collect about you will be obtained through a variety of sources which include:

  1. from you directly both prior to and during the course of your treatment by us;
  2. from your friends and relatives who provide us with information about you;
  3. from your employer (if they have been involved in directing you to us); and
  4. from other healthcare professionals and officers in the local authority/ social services department.

What is our legal basis for processing your personal data?

Our lawful basis for processing your general personal data:

Why we use your informationOur lawful basis for using your information
Provision of care and related services: To provide you with safe, appropriate and personalised care as one of our patients and ensure that we meet your individual requirements.It is necessary to perform our contract with you. It is necessary to meet legal / regulatory obligations. It is necessary for our legitimate interests (where they are not overridden by your rights). It is necessary for the protection of your vital interests. It is necessary for us to provide you with healthcare*  
Finance: Administering payments for your treatment by us.It is necessary for our legitimate interests (where they are not overridden by your rights). It is necessary to perform our contract with you.  
Admin: Administrative matters which are necessary for the day to day functioning of our organisation. This may occasionally include the prevention, detection and investigation of fraud and corruption.It is necessary to perform our contract with you. It is necessary to meet legal / regulatory obligations. It is necessary for our legitimate interests (where they are not overridden by your rights). It is necessary for us to provide you with healthcare.*  
Analysis and monitoring: Analysing the quality of care delivered to our patients as part of our continuing service improvement.It is necessary to perform our contract with you. It is necessary for our legitimate interests (where they are not overridden by your rights). It is necessary to meet legal / regulatory obligations. It is necessary for us to provide you with healthcare.*
Complaints: Handling any complaints made, concerns raised. These my occasionally be shared with the hospital’s medical advisory committee.It is necessary to perform our contract with you. It is necessary for our legitimate interests (where they are not overridden by your rights). It is necessary to meet legal / regulatory obligations. It is necessary for us to provide you with healthcare.*
Safeguarding and regulation: We use your personal data for the purpose of safeguarding and regulation of healthcare.It is necessary to perform our contract with you. It is necessary to meet legal / regulatory obligations. It is necessary for our legitimate interests (where they are not overridden by your rights). It is necessary for us to provide you with healthcare.*  
Communication: We will need to use your personal information to communicate with you before, during and after your treatment, either directly or via our healthcare partners.It is necessary to perform our contract with you. It is necessary for our legitimate interests (where they are not overridden by your rights). It is necessary for us to provide you with healthcare.*  
Marketing: We will use your personal information to notify you of details of our products and services which we think will be of benefit or interest to you, if you have consented to.  It is necessary for our legitimate interests (where they are not overridden by your rights).
Improving our services: We may ask you to voluntarily complete patient surveys to help us improve the services which we provide to you.It is necessary for our legitimate interests (where they are not overridden by your rights).

* This is an additional lawful basis which we need to rely on in order to use special categories of data such as information about your health

More information on lawful processing can be found on the ICO website

Sharing your personal data

Your personal data will be treated as strictly confidential, and will be shared where we have a lawful basis for doing so as follows;

  1. NHS, Healthcare providers and multi-disciplinary teams: Where it is lawful and necessary to do so, we will share information about you with other medical service providers involved directly with your care including laboratory services, imaging centre or specialists to whom you have requested a referral.
  2. Your images may be shared within our clinical team and, where necessary, with specialists involved in your care. They will not be used for any other purpose without your explicit consent.
  3. Organisations on whose premises we see you for your consultations for the administration of the services we provide to you.
  4. Your Employer: If your employer provides GP Services as an employee benefit for you, we may tell your employer you have attended an appointment. We will not share any personally identifiable data or medical details without your explicit consent to do so.
  5. Regulators / Safeguarding authorities / Commissioners: We also share your personal data with these public bodies where we are required to do so by law.
  6. The Police and other law enforcement agencies: In limited circumstances we may be required to share your personal data with the police if required for the purposes of criminal investigations and law enforcement.
  7. Your Insurer:  We may share with your medical insurer information about your treatment, its clinical necessity and its cost, only if they are paying for all or part of your treatment with us. 
  8. Medical Secretarial, Billing, bookkeeping and accounting service providers: We may use external Medical secretarial, billing, bookkeeping & accountancy providers who may have access to your personal data from time to time as is necessary to perform their services.
  9. IT service providers: We may use external IT providers who may have access to your personal data from time to time as is necessary to perform their services.
  10. Attorneys: Where it is lawful to do so, we may share your personal information with any individual who has authority to act on your behalf such as those granted power of attorney.
  11. Next of kin: we may share your personal information with your chosen next of kin (if we are aware of their contact details) in an emergency.

We will only share your personal data with your regular GP and your referee where we have your explicit consent.

How long do we keep your personal data?

Any personal data you provide will be held for as long as is necessary having regard to the purpose for which it was collected and in accordance with all applicable data protection laws and/or appropriate guidance. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. We keep your personal data for no longer than reasonably necessary.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Providing us with your personal data

You are under no statutory or contractual requirement or obligation to provide us with your personal data. But failure to do so will mean we may not be able to provide any services to you.

Even if you withdraw your consent, it may remain lawful for us to process your data on another legal basis (e.g. because we have a legal obligation to continue to process your data)

Your rights and your personal data

Unless subject to an exemption under the UK GDPR, you have the following rights with respect to your personal data:

  • The right to request a copy of the personal data which we hold about you;
  • The right to request that we correct any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary to retain such data;
  • The right to withdraw your consent to the processing at any time, where consent was your lawful basis for processing the data;
  • The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing.
  • The right to object to the processing of personal data, where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); (direct marketing and processing for the purposes of scientific/historical research and statistics).

Transfer of Data Abroad and Automated Decision Making

We do not transfer personal data outside of the UK.

We do not use any form of automated decision making in our business.

Further processing

If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

How to make a complaint

To exercise all relevant rights, queries or complaints please in the first instance contact our Data Representative Dr Karishma Hemmady on info@medidermclinic.com

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.

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