Health & Social Care Information Centre have actually responded to a Data Protection Act 1998 s10 Data Subject Notice regarding the Care Data opt out scanda
reported in the mainstream media, within the stautory 21 days.
hsisc
Health & Social Care Information Centre
1 Trevelyan Square
Boar Lane
Leeds
LS1 6AE
Tel: 0300 303 5678
Fax: 0113 254 7239enquiries@hscic.gov.uk
www.hscic.gov.uk18 June 2015
Dear [name]
Our ref: [...]
Thank you for your email received by us on 11th June 2015.
There are two types of information sharing you can object to:
• You can object to information containing data that identifies you from leaving your GP practice. This type of objection will prevent the identifiable information held in your GP record from being sent to the Health and Social Care Information Centre's secure environment. It will also prevent researchers who have gained legal approval from receiving your health information.
• Information from other places where you receive care, such as hospitals and community services is collected nationally by the Health and Social Care Information Centre. The Health and Social Care Information Centre only releases this information in identifiable form where there is legal approval for doing so such as for medical research.
This legal approval is only granted where it is:
• in the interests of patients or the wider public to do so; and
• impractical to obtain each individual patient's consent; and
• not possible to use anonymised data.If you object, this type of information will not leave the Health and Social Care Information Centre to researchers with approval. The only exceptions are very rare circumstances such as a civil
emergency or a public health emergency.I have checked our records and we have not received any notification from you of a request to prevent the use your information beyond use for direct care. You can find more information about this
here: http://www.hscic.gov.uk/yourinfoI assume, therefore, that you have registered an objection at your GP Practice in response to the
care.data programme.The HSCIC and the care.data programme has entered into a pathfinder stage with four Clinical Commissioning Group areas to test the best ways of supporting GPs to ensure patients are informed of the purposes of this data sharing programme, its safeguards and how they can opt out. See http://www.england.nhs.uk/ourwork/tsd/care-data/ for more information on this.
GP systems are not held or maintained by the HSCIC. We can confirm that no data (raw or otherwise) has been collected by, sent to or is directly available to the HSCIC in relation to the care.data and patient objections GP data collections. We can also confirm that no data can be directly accessed from individual GP practice systems by the HSCIC and that no data has been passed to 'regional centres' as part of the care.data programme.
Further information may be available directly from your GP practice.
You may be interested in the recent response from our Caldicott Guardian to the Daily Telegraph which can be found here: http://www.hscic.gov.uk/6348
Yours sincerely,
[name of civil servant]
Higher Information Governance OfficerFurther information about your right to complain under the Data Protection Act is available from the Information
Commissioner's Office, Wilmslow, Cheshire, and on The Information Commissioner's website www.ico.org.uk.
Data Protection Act section 10 Data Subject Notice
Date: Sat, 06 Jun 2015 [...]
To: enquiries@hscic.gov.uk
Subject: Data Protection Act 1998 s10 Data Subject Notice re Care Data opt out scandal - you have 21 days to replyData Controller
Health and Social Care Information Centre,
1 Trevelyan Square,
Boar Lane,
Leeds,
LS1 6AEvia email: enquiries@hscic.gov.uk
Saturday 6th June 2015
Dear Sir or Madam,
This is a Data Subject Notice under the Data Protection Act 1998
section 10, regarding the Care Data opt out scandal reported in the
media e.g.Daily Telegraph:
http://www.telegraph.co.uk/news/health/news/11655777/Nearly-1million-patients-could-be-having-confidential-data-shared-against-their-wishes.htmlThe Guardian
NHS details released against patients' wishes, admits data body
http://www.theguardian.com/society/2015/jun/06/nhs-data-released-against-patients-wishesYour processing and sharing or sale of my Care Data medical
records, despite my explicit opt out, is causing me considerable
distress.Data Protection Act 1998 section 10 Right to prevent processing
likely to cause damage or distress.
http://www.legislation.gov.uk/ukpga/1998/29/section/10"(3)The data controller must within twenty-one days of receiving a
notice under subsection (1) ('the data subject notice') give the
individual who gave it a written notice-(a) stating that he has complied or intends to comply with the
data subject notice, or(b) stating his reasons for regarding the data subject notice as
to any extent unjustified and the extent (if any) to which he has
complied or intends to comply with it."I am registered with the [...] Medical Centre
http://[...].nhs.uk/
I expect your written reply no later than Monday 29th June 2015 (21
days plus the weekend)yours faithfully
[name]
[address]
