Privacy Notice: Xyla Health and Wellbeing

NHS England has commissioned a provider, Xyla Health and Wellbeing, to provide the ‘Your local Healthier You: NHS Diabetes Prevention Programme’ for patients at risk of type 2 diabetes.

Once a patient is referred, they will be contacted for a motivational interview with the provider (Xyla) to help them enrol onto the course and to have an opportunity to ask any questions they have at this time, including if you don’t want to enrol in the programme. Xyla Health and Wellbeing is part of the Acacium Group and sometimes, if required and legally allowed, Xyla may share some of your basic details such as your name and contact details with providers who have been identified as suitable to contact you to provide support for you during this programme. Any sharing of your data is done as little as possible, under due diligence and in compliance with applicable laws.

For full details on how Xyla would use your data for the diabetes prevention programme, see their privacy notice.


1. Data Controller

Contact details:

Wateringbury Surgery
14 Pelican Court
ME15 8TR
01622 814466


2. Data Protection Officer

Contact details:

Pamela Ashe
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 enable you to have a preference as to how we contact you
  • To enable us to communicate and manage our relationship with you while we deliver the programme to you, this will include sending appointment reminders
  • To ensure eligibility for the programme
  • To have a unique identifier for yourself when we communicate with you
  • To ensure eligibility for the programme, as you must be over the age of 18
  • To ensure that we can communicate with you effectively while we deliver the programme to you
  • To enable you to have a chosen representative who we can speak with on your behalf if you require us to
  • To enable us to provide an individual service tailored to individual needs
  • To monitor results for demographics and improve our services in the future
  • To address any concerns and improve our service
  •  Investigate or prevent any complaints or incidents raised
  • To carry out or assist with any legal or regulatory investigation
  •  To support your success on the programme and share progress with NHSE

4. Lawful basis for the 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 of the processed data

Or categories of recipients of the processed data

The data will be shared with Health and care professionals and support staff in this surgery and at hospitals, diagnostic and treatment centres who contribute to your personal care.


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.


Right to Complain

You have the right to complain to the Information Commissioner's Office. You can visit the ICO Website or call their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate) There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website).


* “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.