GDPR & the Hampshire Health Record/CHIE

Dr Neil Bhatia made this Freedom of Information request to Hampshire County 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 Hampshire County 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 Hampshire County Council is planning to comply with the EU GDPR requirements for the data that it processes (extracts & uploads) to the Hampshire Health Record (HHR/CHIE).

My understanding remains that you extract and upload data to the HHR purely for direct care purposes (i.e. you do not permit secondary uses).

You have previously responded to a FOI request of mine:

https://www.whatdotheyknow.com/request/4...

"The current permission to share document is being evaluated to ensure it is GDPR compliant".

I am requesting the following information:

1) Please could you tell me which lawful basis, as set out in Article 6 of the GDPR, will you be relying upon to enable processing of personal data in this way?

2) 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 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 the HHR by HCC, yet still allowing the patient to have a HHR consisting of records derived from the other contributing

organisations (including their GP practice)

e) any such policy that you have that, in part or whole, details how HHR "right to object" expressions will be managed

f) your final "permission to share" form

If you are indeed to rely upon Article 6(1)(a) - Consent - then please provide the equivalent "right to object" information that I have requested, except of course it will be in relation to "withdrawal of consent".

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 - that is, by the end of May 24th.

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

Adult Services Complaints, Hampshire County Council

Dear Dr Bhatia

 

Hampshire County Council have received your request on 24/04/18 and will
send a response within the 20 working days allowed in the Freedom of
Information Act.

 

 

Kind Regards
Victoria Brown
Information and Complaints Co-Ordinator
Adults’ Health and Care
3rd Floor, E2 Court West, The Castle, Winchester, SO23 8UG
Tel: 01962 832129
Courier route CA02

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Freedom of Information, Hampshire County Council

1 Attachment

Dear Mr Bhatia

 

With reference to your email dated 24 April 2018, please see our response
letter attached.

 

Kind regards,

 

Georgia Howard

 

Senior Compliance Officer

Corporate Services - Governance
Hampshire County Council
The Castle
Winchester
Hampshire
SO23 8UJ

Tel 01962 846612

[1]www.hants.gov.uk

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.

 

 

 

References

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