GDPR & the Hampshire Health Record/CHIE

Dr Neil Bhatia made this Freedom of Information request to Southampton City 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 Southampton City 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 Southampton City 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...

"Information not currently held and so we are not currently in a position to provide this information. The project is in its development stage and there are areas of work in flight which will address the GDPR obligations."

I trust that you have now addressed these matters, given the proximity to 25th May.

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 *your* organisation 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 your organisation, 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 by *your* organisation

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.

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

Information, Southampton City Council

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Information, Southampton City Council

Dear Neil Bhatia,

 

Thank you for your Freedom of Information request received on 25/04/2018.
It has been determined that you have requested the following information:

 

In regards to the Hampshire Health Record (HHR/CHIE):

 

1) Please could you tell me which lawful basis, as set out in Article 6 of
the GDPR, will *your* organisation 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 your
organisation, 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 by *your* organisation

 

If this is not correct, please contact [1][email address]
to clarify your request as soon as possible.

 

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Regards,

 

Nathan Matterson
Junior Legal Assistant

Legal & Governance

Southampton and Fareham Legal Services Partnership
Southampton City Council
Tel: 023 8083 3000 (switchboard)

[4]@SouthamptonCC    [5]facebook.com/SotonCC

 

This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 1998, or the
Environmental Information Regulations 2004. If you are not the person or
organisation it was meant for, apologies, please ignore it, delete it, and
notify us. SCC does not make legally binding agreements or accept formal
notices/proceedings by email. E-mails may be monitored. This email (and
its attachments) is intended only for the use of the person(s) to whom it
is addressed, and may contain information that is privileged and/or
confidential. If it has come to you in error, you must take no action
based on it, nor must you copy or show it to anyone.

 

FOI-1819-0102-024078/00840694

This email is confidential but may have to be disclosed under the Freedom
of Information Act 2000, the Data Protection Act 1998, or the
Environmental Information Regulations 2004. If you are not the person or
organisation it was meant for, apologies, please ignore it, delete it, and
notify us. SCC does not make legally binding agreements or accept formal
notices/proceedings by email. E-mails may be monitored. This email (and
its attachments) is intended only for the use of the person(s) to whom it
is addressed, and may contain information that is privileged and/or
confidential. If it has come to you in error, you must take no action
based on it, nor must you copy or show it to anyone.

References

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Giany, Gurpreet, Southampton City Council

3 Attachments

Dear Neil

 

Please find attached Southampton City Council’s response to your Freedom
of Information request.

 

Kind regards

 

 

Gurpreet Giany

Business Support Officer

Business Support Service

Southampton City Council

 

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Dr Neil Bhatia

Dear Giany, Gurpreet,

Thank you for your reply. I will keep an eye on things and perhaps make another request in the future.

Kind regards,

Dr Neil Bhatia

Giany, Gurpreet, Southampton City Council

That would be fine.

Kind regards

Gurpreet Giany
Business Support Officer
Business Support Service
Southampton City Council
Tel: 023 8083 4390
[email address]

Southampton City Council has an e-alerts system called ‘Stay Connected’. It can keep you updated on a range of topics from major events to bin collections. Sign up here. Please share with others and let us know what you think.
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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
• Local data streaming initiatives
• Remote consultations
• Secure online access to your GP record

can be found at:

www.nhsdatasharing.info