GDPR & the Connected Care/Share Your Care database

Dr Neil Bhatia made this Freedom of Information request to Wokingham Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Wokingham Borough Council,

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

For the purposes of the Act, please take the date of your receipt of this request as Tuesday 24th April 2018.

I remain interested in how your organisation is planning to comply with the EU GDPR requirements for the data that it processes (extracts & uploads) to the Connected Care (CC) database.

You have previously responded to a FOI request of mine:

https://www.whatdotheyknow.com/request/c...

"At this time we are still assessing how Connected Care can meet the GDPR requirements in this respect"

I trust that such an assessment has now taken place.

I am requesting the following information:

You have stated that you will be relying upon Artice 6(1)(e) as the lawful basis upon which to enable processing of personal data in this way.

1) Please could you provide me with the procedure that patients must follow in order to express their right to object to such processing (as is their right under Article 21).

2) Please could you provide me with:

a) the form that they must fill in, or a description of the information that you require from them in order to process their objection

b) to whom they must send their objection (e.g. department, address or email address)

c) confirmation that patients will not simply be told to "go and see your GP" when expressing their right to object (i.e. that *you*, as the data controller, will deal with their objection as per Article 21 and Recital 69)

d) confirmation that any upheld objection will ensure that no data about the patient will be extracted and uploaded to Connected Care by your organisation, yet still allowing the patient to have a Connected care Record consisting of information derived from the other contributing organisations (including their GP practice)

e) any such policy that you have that, in part or whole, details how Connected Care "right to object" expressions will be managed by *your* organisation

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.

Yours faithfully,

Dr Neil Bhatia

informationrequests, Wokingham Borough Council

Thank you for your email.

If you have submitted a Freedom of Information request, please be aware
that we can accept requests via our on-line web-form, which you may find
an easier way of submitting a request in future.

The online request form can be found at:
[1]http://axlr8.wokinghamfoi.org.uk/feedbac...

Yours sincerely

 

Customer Services

 

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You should be aware that all e-mails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
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References

Visible links
1. http://axlr8.wokinghamfoi.org.uk/feedbac...

FOI Team, Wokingham Borough Council

Dear Neil Bhatia

RE: Freedom of Information Request Ref No: 10071

Thank you for your Freedom of Information request.

Your request is being considered and you will receive the information you
have requested within the statutory timescale of 20 working days, in
accordance with the Freedom of Information Act 2000/Environmental
Information Regulations.

Please be aware the Acts and Regulations define a number of exemptions
which may prevent release of the information you have requested. Your
request will be reviewed and if any of the exemption categories apply,
then the information will not be provided.

If collating the information you have requested, is going to take longer
than 18hrs, there may be a fee payable. In this event, the fee must be
paid before the information is provided and the 20 working day timescale
will be suspended until payment is received.

Most of the information we provide in response to Freedom of Information
requests is subject to copyright protection. You are free to use the
information provided for your own use, including for non-commercial
research purposes. The information may also be used for the purpose of
news reporting. However, any other type of re-use, for example, by
publishing the information or issuing copies to the public will require
the permission of the copyright owner and an appropriate fee may be
payable.

If you have any queries, please contact Customer Services on 0118 974 6000
or email

[1][Wokingham Borough Council request email]

Please quote the above reference number on any communication.

Yours sincerely

Information Governance Team Customer Services

References

Visible links
1. mailto:[Wokingham Borough Council request email]

Dear FOI Team,

Just a reminder that you must respond to my FOI request by the end of today.

Yours sincerely,

Dr Neil Bhatia

informationrequests, Wokingham Borough Council

Thank you for your email.

If you have submitted a Freedom of Information request, please be aware
that we can accept requests via our on-line web-form, which you may find
an easier way of submitting a request in future.

The online request form can be found at:
[1]http://axlr8.wokinghamfoi.org.uk/feedbac...

Yours sincerely

 

Customer Services

 

DISCLAIMER
You should be aware that all e-mails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party. (The information contained in this message or
any of its attachments may be privileged and confidential and intended for
the exclusive use of the addressee). The views expressed may not be
official policy but the personal views of the originator.

If you are not the addressees any disclosure, reproduction, distribution,
other dissemination or use of this communication is strictly prohibited.

If you received this message in error please return it to the originator
and confirm that you have deleted all copies of it.

All messages sent by this organisation are checked for viruses using the
latest antivirus products. This does not guarantee a virus has not been
transmitted. Please therefore ensure that you take your own precautions
for the detection and eradication of viruses.

 

 

References

Visible links
1. http://axlr8.wokinghamfoi.org.uk/feedbac...

Dr Neil Bhatia left an annotation ()

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
• The Bolton Care Record

• Secondary uses of your information
• The National Data Opt Out

• Local data streaming initiatives
• Remote consultations
• Secure online access to your GP record

can be found at:

www.nhsdatasharing.info

Dear Wokingham Borough Council,

If I do not receive a response from you by the end of today then I shall report this matter to the ICO for enforcement.

Yours faithfully,

Dr Neil Bhatia

informationrequests, Wokingham Borough Council

Thank you for your email.

If you have submitted a Freedom of Information request, please be aware
that we can accept requests via our on-line web-form, which you may find
an easier way of submitting a request in future.

The online request form can be found at:
[1]http://axlr8.wokinghamfoi.org.uk/feedbac...

Yours sincerely

 

Customer Services

 

DISCLAIMER
You should be aware that all e-mails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party. (The information contained in this message or
any of its attachments may be privileged and confidential and intended for
the exclusive use of the addressee). The views expressed may not be
official policy but the personal views of the originator.

If you are not the addressees any disclosure, reproduction, distribution,
other dissemination or use of this communication is strictly prohibited.

If you received this message in error please return it to the originator
and confirm that you have deleted all copies of it.

All messages sent by this organisation are checked for viruses using the
latest antivirus products. This does not guarantee a virus has not been
transmitted. Please therefore ensure that you take your own precautions
for the detection and eradication of viruses.

 

 

References

Visible links
1. http://axlr8.wokinghamfoi.org.uk/feedbac...

Wokingham Borough Council

Dear Dr Neil Bhatia,

RE: Freedom of Information Request Ref No: 10071

I have been contacted by the ICO in relation to your request. I am sorry for the delay in acknowledging this, there has been some delays following my secondment and annual leave. I have picked up your request this week. While I can see that my colleague received some information during the period I was on secondment, she did not receive everything.

The person who has been working on Connected Care only works Tuesday. I have emailed them, and asked they make this a high priority. I am hoping that we would also get a more up to date response as things will have progressed since you submitted the request.

Again I am sorry for the delay, and will follow this up with the individual on Tuesday.

Yours sincerely

Stuart Bignell
Information Services
Customer Services

Dear Wokingham Borough Council,

My original request was dated 24th April.

That is more than 3 months ago.

The delay is not in "acknowledging this", it is your abject failure to respond - to comply with the Act.

If I do not receive a response by the end of next week, I WILL contact the ICO again, and make your failure to respond much more public.

Yours faithfully,

Dr Neil Bhatia

informationrequests, Wokingham Borough Council

Thank you for your email.

If you have submitted a Freedom of Information request, please be aware
that we can accept requests via our on-line web-form, which you may find
an easier way of submitting a request in future.

The online request form can be found at:
[1]http://axlr8.wokinghamfoi.org.uk/feedbac...

Yours sincerely

 

Customer Services

 

DISCLAIMER
You should be aware that all e-mails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party. (The information contained in this message or
any of its attachments may be privileged and confidential and intended for
the exclusive use of the addressee). The views expressed may not be
official policy but the personal views of the originator.

If you are not the addressees any disclosure, reproduction, distribution,
other dissemination or use of this communication is strictly prohibited.

If you received this message in error please return it to the originator
and confirm that you have deleted all copies of it.

All messages sent by this organisation are checked for viruses using the
latest antivirus products. This does not guarantee a virus has not been
transmitted. Please therefore ensure that you take your own precautions
for the detection and eradication of viruses.

 

 

References

Visible links
1. http://axlr8.wokinghamfoi.org.uk/feedbac...

informationrequests, Wokingham Borough Council

1 Attachment

Dear Dr Neil Bhatia,

 

RE: Freedom of Information Request Ref No: 10071

 

Thank you for your recent communication, please find detailed below and
attached the information in response to your request.

 

1. Please could you provide me with the procedure that patients must
follow in order to express their right to object to such processing (as is
their right under Article 21).
-Please find attached the ‘Opt out process’ core document. There are also
details on the Share Your Care website:
[1]https://www.shareyourcareberkshire.org/f... and
[2]https://www.shareyourcareberkshire.org/w...

Wokingham Borough Council is currently only sharing information on users
who have consented to the sharing of their data for the purposes of direct
care. This consent is captured at the point of assessment for community
care services and discussed/updated in subsequent care reviews. We are
currently awaiting an IT upgrade which will enable the storage of consent
information outside of the assessment process, and expect to exchange
information on more users once this upgrade has been fully commissioned.
It will also facilitate customers opting out of any sharing agreements
they currently have in place.

We are also aware that Health and Social Care information should be shared
for the purposes of direct care under the Care Act 2015, and that this is
also supported by the Data Protection Act 2018. A small working group is
being set up to look at the implications of this for Wokingham Borough
Council, as the local health community moves towards the closer
integration of services to meet the 2020 NHS deadline.

No user information is shared for the purposes of management information
or research at the current time, although we will be subject to the
national opt out (administered by the NHS) should our local health
organisations agree to such secondary processing in the future.

2. Please could you provide me with:

a) the form that they must fill in, or a description of the information
that you require from them in order to process their objection
-Users currently sign the community care assessment form to state that
they agree with all its contents, there are no specific forms associated
with the data sharing arrangements. As such, the only part relevant to
data protection is whether an “agreement to sharing – all” box is ticked. 

b) to whom they must send their objection (e.g. department, address or
email address)
-Any changes to sharing arrangements would normally be discussed with the
user’s social worker, who is in a position to explain the benefits of
sharing their relevant social care information with local health
organisations. The social worker is then able to update the assessment
form to capture the revised sharing arrangements. Wokingham Borough
Council can also be contacted through the website on
[3]http://www.wokingham.gov.uk/council-and-...
which states:

"Wokingham Borough Council strives to meet the highest standards when
collecting and using personal information. Complaints are taken very
seriously and individuals are encouraged to bring and issues to our
attention. To do this, either email or write to:
Andrew Moulton, Data Protection Officer 
Wokingham Borough Council
Shute End Civic Offices
Wokingham
Berkshire
RG40 1BN

Telephone: 0118 974 6000 
Email: [email address]"

Should contact be made with us in this way, a message would be passed to
the Wokingham Integrated Social Care & Health (WISH) duty team for passing
to the social worker allocated to the person with concerns. 

c) confirmation that patients will not simply be told to "go and see your
GP" when expressing their right to object (i.e. that *you*, as the data
controller, will deal with their objection as per Article 21 and Recital
69)
-As detailed earlier, any changes in the sharing of social care data are
dealt with by Wokingham Borough Council. Should anyone have concerns about
the wider sharing of health data across the Berkshire Connected Care
system they would be asked to contact their GP, to ensure that the GP can
have an informed discussion with the patient about their requirement to
opt out and ensure that they are fully informed of the impact of the
choice they are making.

d) confirmation that any upheld objection will ensure that no data about
the patient will be extracted and uploaded to Connected Care by your
organisation, yet still allowing the patient to have a Connected care
Record consisting of information derived from the other contributing
organisations (including their GP practice)
-Wokingham Borough Council has written its own SQL extract to create the
files shared with Connected Care. This extract is dependent on the box
“agreement to sharing – all” being ticked in the most recent assessment
for a user; so no information is shared to the Connected Care system
without the user’s permission.

e) any such policy that you have that, in part or whole, details how
Connected Care "right to object" expressions will be managed by *your*
organisation.
-Wokingham Borough Council has a link to the shared Share Your Care
website: https://www.shareyourcareberkshire.org/f... which details the
shared policies for the system. 

As mentioned earlier, we are also aware that Health and Social Care
information should be shared for the purposes of direct care under the
Care Act 2015, and that this is also supported by the Data Protection Act
2018. A small working group is being set up to look at the implications of
this for Wokingham Borough Council, as the local health community moves
towards the closer integration of services to meet the 2020 NHS deadline.

 

If you are dissatisfied with our response, you can request for it to be
reviewed by contacting the Council’s Legal Services at Wokingham Borough
Council via; Information Services, Civic Offices, Shute End, Wokingham,
RG40 1BN, or e-mailing [4][Wokingham Borough Council request email] detailing
the reasons why you are dissatisfied with the response. Please address
your correspondence to Shared Legal Solutions.

 

Requests not resolved at that stage can be escalated to the Information
Commissioner at: Information Commissioner's Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

 

For further information, please visit: [5]https://ico.org.uk/

 

Yours sincerely

 

Stuart Bignell

Information Services

Customer Services

DISCLAIMER
You should be aware that all e-mails received and sent by this Council are
subject to the Freedom of Information Act 2000 and therefore may be
disclosed to a third party. (The information contained in this message or
any of its attachments may be privileged and confidential and intended for
the exclusive use of the addressee). The views expressed may not be
official policy but the personal views of the originator.

If you are not the addressees any disclosure, reproduction, distribution,
other dissemination or use of this communication is strictly prohibited.

If you received this message in error please return it to the originator
and confirm that you have deleted all copies of it.

All messages sent by this organisation are checked for viruses using the
latest antivirus products. This does not guarantee a virus has not been
transmitted. Please therefore ensure that you take your own precautions
for the detection and eradication of viruses.

 

 

References

Visible links
1. https://www.shareyourcareberkshire.org/f...
2. https://www.shareyourcareberkshire.org/w...
3. http://www.wokingham.gov.uk/council-and-...
4. mailto:[Wokingham Borough Council request email]
5. https://ico.org.uk/

Dr Neil Bhatia left an annotation ()

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 Surrey Care Record
• The Dorset Care Record
• The Care Information Exchange

• Secondary uses of your information (including risk stratification, national audits, CPRD)
• The National Data Opt Out ("Your NHS data matters")

• Local data streaming initiatives
• Remote consultations
• Secure online access to your GP record