Kilbryde Hospice Data Protection Notice

The following notice applies from 1^st April 2023

1. About Kilbryde Hospice

Kilbryde Hospice is an independent charity provider of palliative care serving the community of South Lanarkshire.

Our headquarters are:

Kilbryde Hospice

McGuinness Way

Hairmyres

East Kilbride

G75 8G

 

ICO Registration Number: ZA126448

2. About the personal information we use

We use personal information on different groups of individuals including:

• Patients and their legal representatives
• Staff, volunteers, students, and applicants
• Contractors
• Suppliers
• Complainants, enquirers
• Survey respondents
• Professional experts and consultants
• Individuals captured by CCTV

The personal information we use includes information that identifies you like your name, address, date of birth and postcode.

We also use more sensitive types of personal information (special category), including information about racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic and biometric data, health; sex life or sexual orientation.

The information we use can relate to personal and family details; education, training and employment details; financial details; lifestyle and social circumstances; goods and services; visual images; details held in the patient record; responses to surveys.

3. Our purposes for using personal information

Kilbryde Hospice provides or arranges for the provision of a range of healthcare, health improvement and health protection services. We are given these tasks so that we can provide specialist palliative care to the people of South Lanarkshire.

We use personal information to enable us to provide healthcare services for patients (including reminding you of appointments), research; supporting and managing our employees; maintaining our accounts and records and the use of CCTV.

4. Our legal basis for using personal information

Kilbryde Hospice, as data controller, is required to have a legal basis when using personal information. Kilbryde Hospice considers that performance of our tasks and functions are in the public interest. So, 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. In some situations, we may rely on a different legal basis; for example, when we disclose personal information to comply with a legal request (e.g. a court order), our legal basis is that its use is necessary to comply with the legal obligation. Another example would be for compliance with a legal obligation to which Kilbryde Hospice is subject to, for example under the Public Health etc (Scotland) Act 2008 we are required to notify Health Protection Scotland when someone contracts a specific disease.

When we are using more sensitive types of personal information, including health information, our legal basis is usually that the use is necessary:

• for the provision of health or social care or treatment or the management of health or social care systems and services; or
• for reasons of public interest in the area of public health; or
• for reasons of substantial public interest for aims that are proportionate and respect people’s rights; or
• for archiving purposes, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards; or
• to protect the vital interests of an individual; or
• for the establishment, exercise, or defence of legal claims or in the case of a court order.

On rare occasions we may rely on your explicit consent as our legal basis for using your personal information. When we do this, we will explain what it means, and the rights that are available to you.

You should be aware that we will continue to ask for your consent for other things like taking part in blood transfusion or medical procedures. This consent, known as clinical consent, relates to your willingness to participate in a specific activity or receive a particular service or treatment and is not linked to the lawful basis upon which we rely to process your personal data under data protection legislation.  Where you have provided consent, we will make it clear to you that you have the right to withdraw your consent at any point.

5. Who provides the personal information

When you do not provide information directly to us, we receive it from other individuals and organisations involved in the delivery of health and social care services in Scotland.  These include NHS Boards and primary care contractors such as GPs, dentists, pharmacists and opticians, other public bodies e.g. Local Authorities and suppliers of goods and services.

6. Sharing personal information with others

Depending on the situation, where necessary we will share appropriate, relevant and proportionate personal information in compliance with the law, with the following:

• Our patients and their chosen representatives or carers
• Staff and some volunteers
• Current, past, and potential employers
• Healthcare social and welfare organisations
• Suppliers, service providers, legal representatives
• Auditors and audit bodies
• Educators and examining bodies.
• Research organisations
• People making an enquiry or complaint.
• Financial organisations
• Professional bodies
• Trade Unions
• Business associates
• Police forces.
• Security organisations.
• Central and local government.
• Voluntary and charitable organisations.

7. Transferring personal information abroad

Kilbryde Hospice do not routinely transfer any data outside of the UK, but when information is transferred outside the UK, we will do so in full compliance with the NHS Scotland Information Security Policy. Kilbryde Hospice will ensure that data is only transferred to countries where appropriate data protection safeguards are in place.  An example of this may be where a patient requires overseas medical treatment resulting in the transfer of medical information outside of the UK.

8. Retention periods of the information we hold

Within Kilbryde Hospice we keep personal information as set out in the Scottish Government Records Management: HEALTH AND SOCIAL CARE CODE OF PRACTICE (SCOTLAND) 2020. The Code of Practice sets out minimum retention periods for information, including personal information, held in different types of records including personal health records and administrative records. As directed by the Scottish Government in the Records Management Code of Practice, we maintain a retention schedule as part of our Records Management policy detailing the minimum retention period for the information and procedures for the safe disposal of personal information.

9. How we protect personal information

We take care to ensure your personal information is only accessible to authorised people. Our staff have a legal and contractual duty to keep personal health information secure, and confidential. The following security measures are in place to protect personal information:

• All staff undertake mandatory training in Data Protection and IT Security
• Compliance with Kilbryde Hospice Information Security Policy
• Organisational policy and procedures on the safe handling of personal information
• Access controls and audits of electronic systems

10. Your rights

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 several ways to communicate how personal information is used, including:

• This Data Protection Notice
• Information leaflets
• 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

Hairmyres

East Kilbride

G75 8GJ

Telephone:  01355-202020

Email: Info@kilbrydehospice.org.uk  or via the website; www.kilbrydehospice.org.uk

Please note, emails from your private email address may not be secure. 

Once we have received 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 one month (30 days). However, if your request is complex, we may take longer, by up to a further two months, to respond. If this is the case, we will tell you and explain the reason for the delay.

The right to rectificationIf 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 may 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 the public interest or in the exercise of official authority 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.

Rights in relation to automated decision-making and profiling

Kilbryde Hospice do not currently make any decision based solely on automated processing or profiling.

Other rights

There are other rights under current Data Protection Law however these rights only apply in certain circumstances. For further information on these rights please visit – https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

The right to complain

Kilbryde Hospice employs a Senior Information Officer (CEO) and Caldicott Guardian to check that we handle personal information in a way that meets data protection law.  If you are unhappy with the way in which we use your personal information, please tell our Data Protection Officer using the contact details below:

Chief Executive Officer

Kilbryde Hospice

McGuinness Way

Hairmyres

East Kilbryde

G75 8GJ

Phone – 01355-202020

Email: info@kilbrydehospice.org.uk

Please note emails from your private email address may not be secure.

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/your-data-matters/how-to-make-a-data-protection-complaint/.    

You also have the right to seek independent judicial remedy through the courts.

11. Translation Service/ Accessibility (if applicable)

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.