Public health encompasses everything from national smoking and alcohol policies, the management of epidemics such as flu, the control of large scale infections such as TB and Hepatitis B to local outbreaks of food poisoning or Measles. Certain illnesses are also notifiable, the doctors treating the patient are required by law to inform the Public Health Authorities, for instance Scarlet Fever.
This will necessarily mean the subjects personal and health information being shared with the Public Health organisations. Some of the relevant legislation includes:
- The Health Protection (Notification) Regulations 2010 (SI 2010/659)
- The Health Protection (Local Authority Powers) Regulations 2010 (SI 2010/657)
- The Health Protection (Part 2A Orders) Regulations 2010 (SI 2010/658)
- Public Health (Control of Disease) Act 1984
- Public Health (Infectious Diseases) Regulations 1988 and The Health Service (Control of Patient Information) Regulations 2002
1) Data Controller contact details
Dr Davies & Partners
Linden House Surgery
30 Upper Fairfield Road
Gilbert House Surgery
39 Woodfield Lane
2) Data Protection Officer contact details
South, Central and West Commissioning Support Unit
3) Purpose of the processing
There are occasions when medical data needs to be shared with Public Health England, the Local Authority Director of Public Health, or the Health Protection Agency, either under a legal obligation or for reasons of public interest or their equivalents in the devolved nations.
4) Lawful basis for processing
The legal basis will be:
- Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.”
- Article 9(2)(i) “processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices,..”
5) Recipient or categories of recipients of the processed data
The data will be shared with Public Health England www.gov.uk/government/organisations/public-health-england and equivalents in the devolved nations.
6) Rights to object
You have the right to object to some or all of the information being shared with the recipients. Contact the data controller or the practice.
7) Right to access and correct
You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of law.
8) Retention period
The data will be retained for active use during the period of the public interest and according to legal requirements and Public Health England’s criteria on storing identifiable data.
For more information please visit the Department of Health – Personal Information Charter page.
9) Right to Complain
You have the right to complain to the Information Commissioner’s Office by:
Visiting their website: www.ico.org.uk/global/contact-us
There are National Offices for Scotland, Northern Ireland and Wales. For more information visit the ICO website: www.ico.org.uk