This section contains a description of your data protection rights within Kilbryde Hospice
The right to be informed.
Kilbryde Hospice must explain how we use your personal information. We use a number of ways to communicate how personal information is used, including:
- This Data Protection Notice
- Information leaflets “Your Information and How we use it”
- Discussions with staff providing your care
The right of access
You have the right to access your own personal information.
This right includes making you aware of what information we hold along with the opportunity to satisfy you that we are using your information fairly and legally.
You have the right to obtain:
- Confirmation that your personal information is being held or used by us
- Access to your personal information
- Additional information about how we use your personal information
Although we must provide this information free of charge, if your request is considered unfounded or excessive, or if you request the same information more than once, we may charge a reasonable fee.
If you would like to access your personal information, you can do this by contacting:
Chief Executive Officer
Kilbryde Hospice
McGuinness Way
East Kilbride G75 8GJ
01355 202020
info@kilbrydehospice.org.uk
Once we have details of your request and you have provided us with enough information for us to locate your personal information, we will respond to your request without delay, within (30 days). However, If your request is complex we may take longer, by up to two months, to respond. If this is the case we will tell you and explain the reason for the delay.
The right to rectification
If the personal information we hold about you is inaccurate or incomplete you have the right to have this corrected.
If it is agreed that your personal information is inaccurate or incomplete we will aim to amend your records accordingly, normally within one month, or within two months where the request is complex. However, we will contact you as quickly as possible to explain this further if the need to extend our timescales applies to your request. Unless there is a risk to patient safety, we can restrict access to your records to ensure that the inaccurate or incomplete information is not used until amended.
If for any reason we have shared your information with anyone else, perhaps during a referral to another service for example, we will notify them of the changes required so that we can ensure their records are accurate.
If on consideration of your request Kilbryde Hospice does not consider the personal information to be inaccurate then we will add a comment to your record stating your concerns about the information. If this is case we will contact you within one month to explain our reasons for this.
If you are unhappy about how Kilbryde Hospice has responded to your request for rectification we will provide you with information on how you can complain to the Information Commissioner’s Office, or how to take legal action.
The right to object
When Kilbryde Hospice is processing your personal information for the purpose of the performance of a task carried out in your interest you have the right to object to the processing and also seek that further processing of your personal information is restricted. Provided Kilbryde Hospice can demonstrate compelling legitimate grounds for processing your personal information, for instance; patient safety or for evidence to support legal claims, your right will not be upheld. You have the right to decline direct marketing and we can only do this by you positively opting-in if we are to remain in touch.
Other rights
There are other rights under current Data Protection Law however these rights only apply in certain circumstances. If you wish further information on these rights please refer to Information Commissioner Office https://ico.org.uk/
The right to complain
Kilbryde Hospice employs a Caldicott Guardian and a Data Controller to check that we handle personal information in a way that meets current Data Protection legislation. If you are unhappy with the way in which we use your personal information please inform our Data Controller using the contact details below.
Chief Executive Officer
Kilbryde Hospice
McGuinness Way
East Kilbride G75 8GJ
01355 202020
info@kilbrydehospice.org.uk
www.kilbrydehospice.org.uk
You also have the right to complain about how we use your personal information to the Information Commissioner’s Office (ICO). Details about this are on their website at https://ico.org.uk
Rights to Translation Service/ Accessibility
You have the right to information in a language which is easy to read and understand. If you wish any Kilbryde Hospice literature translated into another language or in a braille format then please contact 01355 202020 or email info@kilbrydehospice.org.uk Please note this can take time to organise therefore we request as much time as possible to make these arrangements.
The right to erasure
The right to erasure is also known as “the right to be forgotten” and in general refers to an individual’s right to request the deletion or removal of personal information where there is no compelling reason for Kilbryde Hospice to continue using it.
As with other rights, there are particular conditions around this right and it does not provide individuals with an absolute right to be forgotten.
Individuals have the right to have their personal information deleted or removed in the following circumstances:
- When it is no longer necessary for the purpose for which it was collected.
- When Kilbryde Hospice no longer have a legal basis for using your personal information, for example if you gave us consent to use your personal information in a specific way, and you withdraw your consent, we would need to stop using your information and erase it unless we had an overriding reason to continue to use it.
- When you object to Kilbryde Hospice using your personal information and there is no overriding legitimate interest for us to continue using it.
- If we have used your personal information unlawfully.
- If there is a legal obligation to erase your personal information for example by court order.
Kilbryde Hospice can refuse to deal with your request for erasure when we use your personal information for the following reasons:
- to comply with a legal obligation for the performance of a task or exercise of official authority.
- for public health purposes in the public interest.
- archiving purposes in the public interest, scientific research historical research or statistical purpose.
- the exercise or defence of legal claims.
When using personal information, our legal basis is usually that its use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us. This means that in most circumstances we can refuse requests for erasure however, we will advise you of this as soon as possible following receipt of your request.
The right to restrict processing
You have the right to control how we use your personal information in some circumstances. This is known as the right to restriction. When processing is restricted, Kilbryde Hospice are permitted to store your personal information, but not further use it until an agreement is reached with you about further processing. We can retain enough information about you to ensure that your request for restriction is respected in the future.
Examples of ways you can restrict our processing would be:
- If you challenge the accuracy of your personal information, stop using it until we check its accuracy.
- If you object to processing which is necessary for the performance of our tasks in the public interest or for the purpose of legitimate interests, we will restrict our processing. We will consider whether our legitimate grounds override your individual interests, rights and freedoms.
- If our use of your personal information is found to be unlawful and you ask for restriction instead of full erasure we will restrict our processing.
- If we no longer need your personal information but you need it to establish, exercise or defend a legal claim, we will restrict our processing.
If we have shared your personal information with any individuals or organisations, if we restrict our processing, we will tell those individuals or organisations about our restriction if it is possible and not an unreasonable amount of effort.
Whenever we decide to lift a restriction on processing we will tell you.
The right to data portability
The right to data portability allows individuals to obtain and re-use their personal information for their own purposes across different services. It allows them to move, copy or transfer personal information easily from one IT environment to another in a safe and secure way. For example: it enables consumers to take advantage of applications and services which can use their information to find them a better deal.
The right to data portability only applies when the individual has submitted their personal information directly, through electronic means to Kilbryde Hospice. This means that in most circumstances the right to data portability does not apply within Kilbryde Hospice.
Rights related to automated decision making and profiling
You have the right to object to any instances where a decision is made about you solely by automated means without any human involvement, including profiling. Kilbryde Hospice does not undertake any decision-making about you using wholly automated means.
