Privacy Notice for Medidata
Our practice has decided to outsource our medical reporting to MediData, who will process your medical report using their system, eMR.
What is eMR/MediData?
MediData is a NHS Digital accredited company who have developed a digital system called eMR, which enables GP practices to create digital, GDPR compliant medical reports.
eMR helps GP Surgeries with data security, speed, and efficiency.
eMR also helps you to easily see your medical data, stay in control of it and decide who you want to share it with.
MediData has worked hard to develop their NHS GP IT Futures accredited technology, eMR, which interfaces with our GP practice’s system to extract your medical record. This means you can receive a full copy of that information securely and share it with others as you wish, keeping your data safe.
1. Data Controller contact details
14 Pelican Court
Tel: 01622 814466
2. Data Protection Officer contact details
GP Data Protection Officer (DPO)
NHS Kent and Medway Clinical Commissioning Group
Unit A, Compass Centre North, Pembroke Road, Chatham Maritime, Kent, ME4 4YG
3. Purpose of the processing
To create digital, GDPR compliant medical reports
To helps GP Surgeries with data security, speed, and efficiency
To help you easily see your medical data, stay in control of it and decide who you want to share it with.
4. Lawful basis for processing
The processing of personal data in the delivery of direct care and for providers’ administrative purposes in this surgery and in support of direct care elsewhere is supported under the following Article 6 and 9 conditions of the GDPR:
Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’.
Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services...”
We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*
5. Recipient or categories of recipients of the processed data
The data will be shared with Medidata to process GDPR compliant medical reports etc
6. Rights to object
You have the right to object to some or all the information being processed under Article 21. Please contact the Data Controller or the practice. You should be aware that this is a right to raise an objection, that is not the same as having an absolute right to have your wishes granted in every circumstance
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 in line with the law and national guidance. Please speak to the practice
9. Right to Complain
You have the right to complain to the Information Commissioner’s Office, or call their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
* “Common Law Duty of Confidentiality”, common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as 'judge-made' or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent.
The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider's consent.
In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.
Three circumstances making disclosure of confidential information lawful are:
- where the individual to whom the information relates has consented;
- where disclosure is in the public interest; and
- where there is a legal duty to do so, for example a court order.
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