GDPR & the Hampshire Health Record/CHIE

Dr Neil Bhatia made this Freedom of Information request to Southern Health NHS Foundation Trust

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 Southern Health NHS Foundation Trust,

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 Wednesday 25th April 2018.

I remain interested in how Southern Health NHS FT 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...

"We would advise that at present we do not hold this information. We have begun to review our processes and would be happy to consider a further request from you on this matter after April 2018"

And so here it is.

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 Southern Health, 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

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

Southern Health Freedom of Information, Southern Health NHS Foundation Trust

2 Attachments

Dear Dr Bhatia

 

Thank you for your email and request for information.

 

Please find attached our letter of acknowledgement and confirmation that
this request is being handled under the Freedom of Information Act 2000.

 

Should you have any queries then please do not hesitate to contact me.

 

Kind regards,

 

 

Freedom of Information Officer

Southern Health NHS Foundation Trust

Quality and Governance

6 Sterne Road

Tatchbury Mount

Calmore              

Southampton

SO40  2RZ

 

Tel: 02380 874662

Email: [email address]

Web: www.southernhealth.nhs.uk

 

 

 

 

 

 

 

 

 

 

 

 

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Southern Health Freedom of Information, Southern Health NHS Foundation Trust

3 Attachments

Dear Dr Bhatia

                             

I am writing to advise that the Trust is in a position to respond to your
request concerning GDPR and Hampshire Health Record/CHIE.

 

Please find attached a copy of our response for your attention.

 

This request has been handled under the Freedom of Information Act 2000.

 

I am obliged to inform you that all material supplied to you including,
layout, presentation, text, logos, icons, photos, and all material is
copyright © Southern Health NHS Foundation Trust, unless otherwise stated.

 

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes 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 express written permission of the Southern Health NHS
Foundation Trust.

 

We would appreciate your feedback on how you thought your Freedom of
Information request was handled and would be grateful if you could kindly
complete a short questionnaire which can be accessed via the following
link:

 

[1]https://www.surveymonkey.co.uk/r/TK8D3H8

 

 

If you have any complaints in respect of your information request, please
ensure you send these to the address below within 60 days of the date of
this response.   We regret that we will not respond to any complaints
outside of the 60 day period.

 

Head of Legal and Insurance Services

Southern Health NHS Foundation Trust

5-6 Sterne Road

Tatchbury Mount

Calmore

Southampton

SO40 2RZ

 

If your complaint is not resolved to your complete satisfaction, you have
the right to apply to the Information Commissioner for a decision.   The
Information Commissioner’s Office can be contacted by way of letter
addressed to:

 

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

If you have any queries about this letter, please contact me. It would be
useful if you would quote the reference above in any future
communications.

 

Kind regards,

 

 

Freedom Of Information Officer

SOUTHERN HEALTH NHS FOUNDATION TRUST

 

[2]cid:image003.png@01D39077.D46AE6C0

 

 

 

From: Southern Health Freedom of Information
Sent: 25 April 2018 10:37
To: 'Dr Neil Bhatia'
Cc: Southern Health Freedom of Information
Subject: RE: Freedom of Information request - GDPR & the Hampshire Health
Record/CHIE - FOI2130 - Southern Health Acknowledgement
Importance: High

 

Dear Dr Bhatia

 

Thank you for your email and request for information.

 

Please find attached our letter of acknowledgement and confirmation that
this request is being handled under the Freedom of Information Act 2000.

 

Should you have any queries then please do not hesitate to contact me.

 

Kind regards,

 

 

Freedom of Information Officer

Southern Health NHS Foundation Trust

Quality and Governance

6 Sterne Road

Tatchbury Mount

Calmore              

Southampton

SO40  2RZ

 

Tel: 02380 874662

Email: [email address]

Web: www.southernhealth.nhs.uk

 

 

 

 

 

 

 

 

 

 

 

 

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Dr Neil Bhatia

Dear Southern Health Freedom of Information,

Thank you for your prompt and detailed response. It will be very reassuring to local GP surgeries.

Kind regards,

Dr Neil Bhatia

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