Dear Hampshire County Council,

I would like to make a further request under the FOI Act.

For the purposes of the Act, please take the date of your receipt of this request as Monday 15th January 2018.

Please do consider this request with reference to my other request concerning "direct care" processing:
https://www.whatdotheyknow.com/request/c...

I am interested in how Hampshire County Council is intending to ensure compliance with the introduction of the EU GDPR on 25th May, in respect to the processing function of extracting and uploading client records to the Care & Health Information Exchange, formerly known as the Hampshire Health Record, and to which I shall refer to as CHIE/HHR in this request, for secondary purposes (research, commissioning).

Hampshire County Council is, of course, the data controller of client records at the time of extraction and uploading (i.e. processing) to the CHIE/HHR database, and is a data controller in common for the uploaded data.

It is now less than 131 days before the EU GDPR comes into force.

You have previously confirmed to me (under FOI) that HCC permits the secondary processing of uploaded data by the CHIE/HHR for secondary purposes - your organisation has not opted out of this, though it could do.

The CHIE/HHR is acting as a data processor, but HCC remains the data controller and thus responsible and liable for the lawfulness of such processing, both at the time of extraction and uploading, and subsequently once transferred to the CHIE/HHR database.

Please could you tell me:

1) Are you intending to continue to allow secondary processing (i.e. for research or commissioning) of the data that you extract and upload to CHIE/HHR beyond the 25th May?

2) If you are to persist with secondary processing, please provide me with any information/assessments (including privacy or data protection impact)/position or discussion paper, or similar, that you hold to date as to what legal bases from Article 6(1) and Article 9(2) of the GDPR are you planning to rely on to process personal data, for secondary purposes, in this way after 25th May

3) If you are to reply upon Consent, 6(1)(a), then please provide me with any information/assessments (including privacy or data protection impact)/position or discussion paper, or similar, that you hold to date as to whether your current mechanism for "obtaining consent" for research purposes will be compliant with the EU GDPR after 25th May

4) If you are to persist with secondary processing, please provide me with any information/assessments (including privacy or data protection impact)/position or discussion paper, or similar, that you hold to date as to whether your planned mechanism to ensure that data subjects can withdraw consent from (if that is what you are intending to rely upon), or to object to, the secondary processing of their data in this way will be compliant with the EU GDPR after 25th May

If you are not planning to rely on consent, Article 6(1)(a), then I will make further FOI requests in due course about the actual legal basis that you are to rely upon and the mechanism by which data subjects can object to their unconsented secondary processing.

If you have not begun to assess your forthcoming compliance with the GDPR, then please say so, and I will take it that you hold no information at present, and I will resubmit this request in April.

I would be grateful if you would be kind enough to send me the requested information promptly and in any event not later than the twentieth working day following the date of receipt of my request.

I would be grateful if you would kindly acknowledge receipt of this request as recommended by the ICO (“It would be good practice to acknowledge receipt of requests and to refer to the 20 working day time limit, so that applicants know their request is being dealt with”).

Thank you once again.

Kind regards,

Dr Neil Bhatia

Adult Services Complaints, Hampshire County Council

Dear Mr Bhatia,

 

Hampshire County Council have received your requests on 15 January 2017
and will send a response within the 20 working days allowed in the Freedom
of Information Act.

 

Regards

 

Adult Services FOI Department

Hampshire County Council

Adult Services

The Castle

Winchester

SO23 8UQ

Fax: (01962) 834500

Email: [email address]

Web: [1]www.hants.gov.uk

 

This email is confidential and privileged. If you are not the intended
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inform us that this message has gone astray before deleting it.  Thank you
for your co-operation

 

 

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Adult Services Complaints, Hampshire County Council

Dear Mr Bhatia,

 

Hampshire County Council have received your requests on 15 January 2017
and will send a response within the 20 working days allowed in the Freedom
of Information Act.

 

Regards

 

Adult Services FOI Department

Hampshire County Council

Adult Services

The Castle

Winchester

SO23 8UQ

Fax: (01962) 834500

Email: [email address]

Web: [1]www.hants.gov.uk

 

This email is confidential and privileged. If you are not the intended
recipient please accept our apologies; please do not disclose, copy or
distribute information in this email or take any action in reliance on its
contents: to do so is strictly prohibited and may be unlawful. Please
inform us that this message has gone astray before deleting it.  Thank you
for your co-operation

 

 

*** This email, and any attachments, is strictly confidential and may be
legally privileged. It is intended only for the addressee. If you are not
the intended recipient, any disclosure, copying, distribution or other use
of this communication is strictly prohibited. If you have received this
message in error, please contact the sender. Any request for disclosure of
this document under the Data Protection Act 1998 or Freedom of Information
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Dear Hampshire County Council,

Just a polite reminder that your response to my FOI request is now due.

Yours faithfully,

Dr Neil Bhatia

Dear Hampshire County Council,

Your response to my FOI request is overdue.

I do not have to tell you that you are in breach of s10(1) of the Act.

Yours faithfully,

Dr Neil Bhatia

Adult Services Complaints, Hampshire County Council

Dear Dr Bhatia,

 

With reference to your Freedom of Information Request received on 15^th
January, 2018.   I am writing to advise you that we are currently
experiencing a large volume of requests, which unfortunately is leading
some responses being replied to outside the required timescale.

 

Please be assured that we will provide a response shortly, and hopefully
within 10 working days.  

 

Please accept our apologies for this delay.

 

Yours sincerely,

Kim Harris

Information and Complaints Team

Adults’ Health and Care

Elizabeth II Court West - 3rd Floor
The Castle
Winchester
SO23 8UQ
Telephone 01962 832129

8 Email: [1][email address]
Adult Services' Referrals and Enquiries 0300 555 1386
Hampshire's Out of Hours Service 0300 555 1373

This email is confidential and privileged. If you are not the intended
recipient please accept our apologies; please do not disclose, copy or
distribute information in this email or take any action in reliance on its
contents: to do so is strictly prohibited and may be unlawful. Please
inform us that this message has gone astray before deleting it.  Thank you
for your co-operation

 

*** This email, and any attachments, is strictly confidential and may be
legally privileged. It is intended only for the addressee. If you are not
the intended recipient, any disclosure, copying, distribution or other use
of this communication is strictly prohibited. If you have received this
message in error, please contact the sender. Any request for disclosure of
this document under the Data Protection Act 1998 or Freedom of Information
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Dear Adult Services Complaints,

You are markedly overdue a response to my request.

I have now made a formal complaint to the ICO, and I hope that she will ensure that you comply with the Act.

Yours sincerely,

Dr Neil Bhatia

Adult Services Complaints, Hampshire County Council

1 Atodiad

Dear Mr Bhatia

 

Please find a response to your Freedom of Information Request, apologies
for the delay in responding.

 

Regards,

 

Adult Services FOI Department

Hampshire County Council

Adult Services

The Castle

Winchester

SO23 8UQ

Fax: (01962) 834500

Email: [email address]

Web: [1]www.hants.gov.uk

 

This email is confidential and privileged. If you are not the intended
recipient please accept our apologies; please do not disclose, copy or
distribute information in this email or take any action in reliance on its
contents: to do so is strictly prohibited and may be unlawful. Please
inform us that this message has gone astray before deleting it.  Thank you
for your co-operation

 

 

*** This email, and any attachments, is strictly confidential and may be
legally privileged. It is intended only for the addressee. If you are not
the intended recipient, any disclosure, copying, distribution or other use
of this communication is strictly prohibited. If you have received this
message in error, please contact the sender. Any request for disclosure of
this document under the Data Protection Act 1998 or Freedom of Information
Act 2000 should be referred to the sender. [disclaimer id:
HCCStdDisclaimerExt] ***

References

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1. http://www.hants.gov.uk/

Gadawodd Dr Neil Bhatia anodiad ()

More information about NHS data sharing, including:

• The Summary Care Record,
• The Hampshire Health Record (CHIE)
• The Berkshire Health Record (Share Your Care)
• The Manchester Care Record
• The Stockport Health and Care Record
• The Salford Integrated Record
• The West Cheshire Care Record
• The North Staffs and Stoke-on-Trent Shared Record
• The Sutton Integrated Digital Care Record
• The Wirral Care Record
• The Dorset Care Record

• Secondary uses of your information
• Local data streaming initiatives
• Remote consultations
• Secure online access to your GP record

can be found at:

www.nhsdatasharing.info

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