POLICIES - JUNE 2018
M Dhuna Dental Surgery - Privacy Notice
We are a Data Controller under the terms of the Data Protection Act 2017 and the requirements of the EU General Data Protection Regulation.
This Privacy Notice explains what Personal Data the practice holds, why we hold and process it, who we might share it with, and your rights and freedoms under the Law.
Types of Personal Data
The practice holds personal data in the following categories:
Patient clinical and health data and correspondence.
Staff employment data.
Why we process Personal Data (what is the “purpose”)
“Process” means we obtain, store, update and archive data.
Patient data is held for the purpose of providing patients with appropriate, high quality, safe and effective dental care and treatment.
Staff employment data is held in accordance with Employment, Taxation and Pensions law.
Contractors’ data is held for the purpose of managing their contracts.
What is the Lawful Basis for processing Personal Data?
The Law says we must tell you this:
We hold patients’ data because it is in our Legitimate Interest to do so. Without holding the data, we cannot work effectively. Also, we must hold data on care and treatment as it is a Public Task required by law.
We hold staff employment data because it is a Legal Obligation for us to do so.
We hold contractors’ data because it is needed to Fulfil a Contract with us.
Who might we share your data with?
We can only share data if it is done securely and it is necessary to do so.
Patient data may be shared with other healthcare professionals who need to be involved in your care (for example if we refer you to a specialist or need laboratory work undertaken). Patient data may also be stored for back-up purposes with our computer software suppliers who may also store it securely
Employment data will be shared with government agencies such as HMRC.
You have the right to:
Be informed about the personal data we hold and why we hold it.
Access a copy of your data that we hold by contacting us directly: we will acknowledge your request and supply a response within one month or sooner.
Check the information we hold about you is correct and to make corrections if not
Have your data erased in certain circumstances.
Transfer your data to someone else if you tell us to do so and it is safe and legal to do so.
Tell us not to actively process or update your data in certain circumstances.
How long is the Personal Data stored for?
We will store patient data for as long as we are providing care, treatment or recalling patients for further care. We will archive (that is, store it without further action) for as long as is required for legal purposes as recommended by trusted experts recommend, (10 Years)
We must store employment data for six years after an employee has left.
We must store contractors’ data for seven years after the contract is ended.
What if you are not happy or wish to raise a concern about our data processing?
You can complain in the first instance to our Data protection Lead, who is Manoj Dhuna and we will do our best to resolve the matter. If this fails, you can complain to the Information Commissioner at www.ico.org.uk/concerns or by calling 0303 123 1113.
M Dhuna Dental Surgery follows the GDC guidelines Standards for the Dental Team: ‘Principle 3, Obtain Valid Consent’. We treat patients politely and with respect, in recognition of their dignity and rights as individuals. We also recognise and promote our patients’ responsibility for making decisions about their bodies, their priorities and their care and make sure we do not take any steps without a patient’s consent (permission).
The clinical team member will always obtain valid consent before starting treatment or physical investigation, or providing personal care for a patient, because patients have a right to choose whether or not to accept advice or treatment. Clinical team members are adequately trained to ensure that the patient has:
Enough information to make a decision (informed consent)
Made a decision (voluntary decision-making)
The ability to make an informed decision (capacity)
The nature of treatment and all charges are clarified to the patient before it commences and the patient is provided with a written treatment plan and cost estimate. All team members are aware that:
Once the consent has been given it may be withdrawn at any time
Giving and getting consent is a process, not a one-off event. It is an ongoing discussion between the clinician and the patient
It is necessary to find out what the patient wants to know, as well as saying what the clinician thinks the patient needs to know. Examples of information which patients may want to know include: why a proposed treatment is necessary; the risks and benefits of the proposed treatment; what might happen if the treatment is not carried out and alternative forms of treatment, their risks and benefits, and whether or not the treatment is considered appropriate
If an estimate has been agreed with a patient, but it is necessary to change the treatment plan, the patient’s consent to any further treatment and extra cost will always be obtained prior to providing the changed treatment. This will be achieved by the provision of an amended written treatment plan and estimate
Everyone aged 16 or over is presumed to have capacity to make their own decisions unless it can be shown that they lack capacity to make a particular decision at the time it needs to be made. If the treating clinician thinks that someone lacks capacity to make a treatment decision, he will carry out a mental capacity assessment and, if appropriate, make a decision in the person’s best interests. We have a Mental Capacity Assessment to provide a record of how a treatment decision was reached.
A child is a person under 18.
Children aged 16 and over are presumed to have capacity and able to consent or, refuse to treatment in their own right. If the practitioner thinks a child aged 16 or over may lack capacity, a mental capacity assessment will be carried out and the results recorded in the clinical notes.
If a child is under 16, it is the first choice to obtain the consent of the parent or carer. But for various reasons this may not be possible. A child who is under 16 can give consent if the practitioner considers that the child is ‘Gillick competent’.