Introduction
Physio & Recover Ltd is committed to a policy of protecting the rights and privacy of individuals, in accordance with The Data Protection Act and UK General Data Protection Regulation (UK GDPR). The regulations contain provisions that as data controllers we need to be aware of including provisions intended to enhance the protection of personal data.
UK GDPR requires that:
Physio & Recover Ltd needs to process certain information about its patients, staff, suppliers, and other individuals with whom it has a relationship for various purposes such as, but not limited to:
1. Personal information about patient’s health in order to provide them with the best possible treatment
2. To contact patients in order to confirm your appointments with us or to update patients on matters related to their medical care
3. The recruitment, employment and payment of staff
4 The processing payments as part of day to day trading with individuals
5 In relation to any correspondence we receive from referring bodies
6 Complying with legal obligations
To comply with various legal obligations, including the obligations imposed on us by the UK GDPR Physio & Recover Ltd must ensure that information collected, held and processed about individuals is collected and used fairly, stored safely and securely, and not disclosed to any third party unlawfully.
Compliance
All members of staff are responsible for ensuring that any personal information which they hold is kept securely and not disclosed to any unauthorised third parties. Physio & Recover Ltd will ensure that all personal information is accessible only to those who have a valid reason for using it. Physio & Recover Ltd will have in place appropriate security measures to protect information physically and electronically.
As a matter of best practice, other agencies and individuals working with Physio & Recover Ltd and who have access to personal information, will be expected to read and comply with this policy. Such bodies will be asked to sign a contract which among other things will include an agreement to abide by this policy.
Consent as a basis for processing information although not always necessary is the best way to ensure that information is collected and processed in an open and transparent manner. Consent is especially important when Physio & Recover Ltd is processing any sensitive information, as defined by the legislation. Physio & Recover Ltd understands consent to mean that the individual has been fully informed of the intended processing and has signified their agreement. Physio & Recover Ltd also confirms consent cannot be inferred from the non-response to a communication.
This policy will be updated as necessary to reflect best practice in information management, security, and control and to ensure compliance with any changes or amendments to the UK GDPR and other relevant legislation. This policy applies to all staff of Physio & Recover Ltd. Any breach of this policy or of the Regulation itself will be considered an offence and the company’s disciplinary procedures may be invoked.
Physio & Recover Ltd does not share data with unauthorised third parties unless required to do so as part of our delivery of services to patients or referrals made on their behalf in the interests of their medical needs. We do not permit unauthorised use of your data by third parties.
Responsibility
Our responsibilities under the UK GDPR designate Physio & Recover Ltd as a ‘data controller’ under the terms of the legislation. This means we are ultimately responsible for controlling the use and processing of personal data held on our patients.
The company has appointed a Data Protection Officer (DPO) for the Company who is available to address any concerns regarding the data held by the company and how it is processed, held, and used.
The Senior Management Team is responsible for all day-to-day data protection matters and will be responsible for ensuring that all members of staff and relevant individuals abide by this policy, and for developing and encouraging good information handling within the company.
The Senior Management Team is also responsible for ensuring that the Companies policy is kept up to date.
Compliance with the legislation is the personal responsibility of all staff at Physio & Recover Ltd who process personal information.
Individuals who provide personal data to Physio & Recover Ltd are responsible for ensuring that the information is accurate and up-to-date.
Data Protection Principles
To comply with its obligations, Physio & Recover Ltd undertakes to adhere to the seven principles:
1. Process personal data fairly and lawfully (the right to be informed)
Physio & Recover Ltd will make all reasonable efforts to ensure that individuals who are the focus of personal identifying information (PII) are informed of the identity of the data controller, the purposes of the processing, any disclosures to third parties that are envisaged; given an indication of the period for which the data will be kept, and any other information which may be relevant.
The Company will ensure that the data is adequate, relevant and not excessive in relation to the purpose for which it is processed. Physio & Recover Ltd will not seek to collect any personal data which is not strictly necessary for the purpose for which it was obtained.
The Company will process the data for the specific and lawful purpose for which it was collected and not further process the data in a manner incompatible with this purpose. The Company will ensure that the reason for which it collected the data originally is the only reason for which it processes that data, unless the individual consents to any additional processing before it takes place.
Physio & Recover Ltd undertakes not to disclose personal data to unauthorised third parties. Legitimate disclosures may occur in the following instances:
- Where the individual has given their consent to the disclosure
- When replying to the original source of your referral e.g. your consultant, GP or case manager
2. Subject Access Rights (SARs) (the right of access)
Individuals have a right to access any personal data relating to them which is held by Physio & Recover Ltd.
We will use reasonable efforts consistent with our legal duty to supply, correct or delete personal information about you on our files. We have a legal obligation to retain your records for 8 years after your most recent appointment (or age 25 if this is longer), but after this period you can ask us to delete your records if you so wish. After 8 years (or age 25 if longer) we will dispose of your records.
Any individual wishing to exercise this right should apply in writing /email to the Data Protection Officer (details below).
Any member of staff receiving a SAR should forward this to the Data Protection Officer.
To ensure security we may require you to prove your identity with 2 pieces of approved identification before any SARs request can be released.
3. Keep personal data accurate (the right to rectification). It is the responsibility of the individuals giving their personal data to ensure that this is accurate, and each individual should notify the Company if a change in circumstances mean that the data needs to be updated. It is the responsibility of the Company to ensure that any notification regarding the change is noted and acted on.
4. Only keep personal data for as long as is necessary (the right to erasure). Physio & Recover Ltd undertakes not to retain personal data for longer than is necessary to ensure compliance with UK GDPR legislation, and other statutory requirements (see point 2 for more details).
This means Physio & Recover Ltd will undertake a periodic review of the information held and implement a purge process as required.
Physio & Recover Ltd will dispose of any personal data in a way that protects the rights and privacy of the individual concerned.
5. Restrict the process of personal information. Individuals have the right to prevent processing of information while that information is subject to corrective action.
At any time a person can request to know what information is stored and request action to rectify, block, erase or destroy inaccurate information while that process is underway.
6. The UK have been awarded 3rd Country Status by the EU meaning it is considered that we have comparable legislative controls for the protection of data. To ensure that no personal data is transferred to a country or a territory outside the European Economic Area (EEA) unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. Physio & Recover Ltd will not transfer data to such territories without the explicit consent of the individual. This also applies to publishing information on the Internet – because transfer of data can include placing data on a website that can be accessed from outside the EEA – so Physio & Recover Ltd will always seek the consent of individuals before placing any personal data (including photographs) on its website. If Physio & Recover Ltd collects personal data in any form via its website, it will provide a clear and detailed privacy statement prominently on the website, and wherever else personal data is collected.
7. The right to object allows an individual to prevent processing for purposes of:
- Processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling)
- Direct marketing (including profiling)
- Processing for purposes of scientific/historical research and statistics
Incident Response
If you feel that we are mishandling your personal data, you have the right to complain. Complaints need to be sent to the ‘Data Controller’ [email protected]
If you are not satisfied with our response you have the right to raise the matter with the Information Commissioner’s Office.
UK GDPR introduces a duty to report certain types of personal data breach to the relevant supervisory authority. Where feasible; Physio & Recover Ltd will do this within 72 hours of becoming aware of the breach. If the breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms, Physio & Recover Ltd will also inform those individuals without undue delay.
This policy will be reviewed annually and if necessary updated to reflect The Data Protection Act 2018 and UK General Data Protection Regulation.