Fair Processing Notice – Data Protection Act 1998

Your information – How we use it

The Data Protection Act 1998 governs the processing of personal data held on computer systems and in other formats.

It imposes restrictions on how an individual’s data may be used, and consists of eight Data Protection Principles that must be applied when processing personal data. Personal data is information that relates to a living individual who can be identified from that data. 

Organisations that process personal data must register as a data controller, and notify the Information Commissioner of the purposes for which they process the data. 

The Heart of Birmingham Teaching Primary Care Trust is registered with the Information Commissioner. The Trust registration number is Z6812127.

What kind of information does the NHS hold about me?

• Name, address, date of birth, NHS Number and next of kin
• Contacts we have had with you such as clinic visits
• Details of diagnosis and treatment
• Allergies and health conditions

Why we collect information about you

To help you

• Accurate and up to date information helps us provide the right care
• Full information is available should you see another doctor or be referred to a specialist or another part of the NHS

To help the NHS

• Prepare statistics on NHS performance
• Audit NHS Services
• Monitor how we spend public money
• Plan and manage the health service
• Teach and train healthcare professionals
• Conduct health research and development

Who sees my information?

We may share your information for health purposes with Health Authorities, NHS Trusts, General Practitioners (GP’s), Ambulance Services and other NHS Common Services Agencies.

We may also be asked to share basic information about you such as your name and address with non NHS organisations. This would normally be to assist them to carry out their statutory duties.

In these circumstances where it is not practical to obtain your explicit consent, we are informing you through this notice which is referred to as a Fair Processing Notice under the Data Protection Act.

If we need to share your health information for purposes that do relate to your direct care and treatment we will normally ask for your consent.

How we keep your records confidential

Everyone working for the NHS is subject to the Common Law Duty of Confidence. Information provided in confidence will only be used for the purposes advised and consented to by the patient unless there are other circumstances covered by the law. Under the NHS Code of Confidentiality Code of Conduct, all our staff are also required to protect your information, inform you of how your information will be used and allow you to decide if and how your information can be shared. Anyone receiving information from us is also under a legal duty to do the same and has a confidentiality clause in their contract.

Can I see my information?

Under the Data Protection Act 1998 a person may request access to information (with some exemptions) that is held about them by an organisation. This is known as Right of Subject Access.

If you require access to your health records you must make a written request to the NHS organisation where you are being or have been treated for example your GP or Clinic.

The Access to Health Records Act 1990 also allows access, in certain circumstances, to information that we hold on deceased patients.

If you require access to health records that the Heart of Birmingham tPCT may hold, you can download and complete the Access to Health Records Form and return it to:

Jill Whitehouse
Corporate Services Manager
Bartholomew House
142 Hagley Road
Birmingham
B16 9PA
Tel: 0121 255 0856

For all other Data Protection Subject Access Requests you can download and complete the Data Protection Subject Access Request Form and return it to:

Alison Baylis
Data Protection Lead
CIBA Building
146 Hagley Road
Birmingham
B16 9NX
Tel: 0121 255 0605

NB:         There is usually a charge for responding to these requests.

If you have any concerns about your information, please email the Information Governance Team.