PRIVACY POLICY STATEMENT

Shirley View Nursing Home is committed to protecting your personal data and handling it responsibly. As such, we have updated our Privacy Policy to explain how we manage your data.

As part of the services we offer, we are required to process personal data about our residents and, in some instances, the friends or relatives of our residents and our staff, their relatives. “Processing” can mean collecting, recording, organising, storing, sharing or destroying data.

The Privacy statements that we have made are in line with new data protection laws, known as the General Data Protection Regulation, which is effective from 25th May 2018. This is part of our ongoing commitment to be transparent about how we use your personal data and keep it safe.

Key points:

a. Why we use your data: We typically use your personal information in relation to the nursing and care of our residents.

b. Sharing data: We may share your data with third parties, including third-party service providers.

c. Security: We respect the security of your data and treat it in accordance with the law.

d. International transfer: We will not transfer your data outside of the United Kingdom.

We will comply with data protection law. At the heart of data protection laws are the "data protection principles" which say that the personal information we hold about you must be:

1. used lawfully, fairly and in a transparent way;

2. collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;

3. relevant to the purposes we have told you about and limited only to those purposes;

4. accurate and kept up to date;

5. kept only as long as necessary for the purposes we have told you about; and

6. kept securely.

PURPOSE OF THIS PRIVACY STATEMENT

Under data protection legislation we are required to explain to you why we collect information about you, how we intend to use that information and whether we will share your information with anyone else.

This statement applies to all relatives/staff listed as the contact/next of kin of our residents and people identified as visitors (families & friends) of residents.

We may review this statement at any time.

It is important that you read this statement so that you know how and why we use information about you. It is also important that you inform us of any changes to your personal information we hold about you so that the information which we hold is accurate and current.

OUR INFORMATION GOVERNANCE LEAD

Our Information Governance Lead is responsible for overseeing what we do with your information and monitoring our compliance with data protection laws.

Our Information Governance Lead is Rejeen Sellappapillai who is assisted by our Home Manager Vasile Ofrim. If you have any concerns or questions about our use of your personal data, you can contact them by writing to care.vlke4@nhs.net

THE PERSONAL INFORMATION WE USE

1. We are collecting information about you which enables us to contact you if necessary. This includes:

a. your name;

b. contact details (such as your address, personal email address and telephone number);

c. your relationship to our resident;

d. details of any visits you may have made or meetings you may have attended in relation to our resident;

e. details of any communications we have with you;

f. images of you from our CCTV footage;

2. Special categories of personal data

Some of the information which we collect about you may be “special categories of personal data”. Special categories of data require a greater level of protection. We may collect this type of data about you in CCTV images, which may reveal information about your religious beliefs, racial or ethnic origin and health.

3. COVID-19 Questionnaire

During your visits to our Home, we may ask you to fill the COVID-19 questionnaire that contains the following data

I. Your current COVID-19 diagnosis

II. Travel History

III. Vaccine Details

IV. Agree to do Lateral Flow Test and Data needed to register the LFD test results

Please note that the circumstances are variable and change with time there may in some instances be situations outside the list above. We will update this Privacy Notice where we become aware of other uses of your data.

The above information which we collect about you will be obtained via our resident, via our resident's other care providers or directly from you.

With employees, personal information is obtained directly and with consent through such means as references, testimonials and criminal records (DBS) checks. When recruiting staff, we seek applicants’ explicit consent to obtain all the information needed for us to decide to employ them.

HOW AND WHY, WE USE YOUR PERSONAL DATA

1. The information that we use is required for a number of different purposes, each of which has a "lawful basis". In accordance with the data protection laws, we need a "lawful basis" for collecting and using information about you. There are a variety of different lawful bases for using personal data which are set out in the data protection laws

2. We have set out below the purposes for which we collect and use your personal data, along with the lawful bases we rely on to do so.

SHARING YOUR INFORMATION

1. We will share your personal information with third parties where required by law, where it is necessary in your role as contact/next of kin, where it is necessary for the provision of care and treatment to our residents/patients or where we have another legitimate interest in doing so.

2. The types of third parties we may share your information with are:

a. Healthcare providers and multi-disciplinary teams: Where it is lawful and necessary to do so, we will share information about you with other healthcare providers such as your GP, hospital staff, etc.

b. Regulators / Safeguarding authorities / Commissioners: We also share your personal data with these public bodies where we are required to do so by law.

c. The Police and other law enforcement agencies: In limited circumstances we may be required to share your personal data with the police if required for the purposes of criminal investigations and law enforcement. There are other occasions where we may be required by law to disclose data (for example, if there is a Court Order).

d. IT service providers: We may use external IT providers who may have access to your personal data from time to time as is necessary to perform their services.

e. Attorneys: Where it is lawful to do so, we may share your personal information with any individual who has authority to act on your behalf such as those granted power of attorney.

USE YOUR INFORMATION FOR ANY OTHER PURPOSE

1. We typically will only use your personal information for the purposes for which we collect it. It is possible that we will use your information for other purposes as long as those other purposes are compatible with those set out in this policy. If we intend to do so, we will provide you with information relating to that other purpose before using it for the new purpose.

2. We may also use your personal information for other purposes where such use is required or permitted by law.

LENGTH OF STORING PERSONAL DATA

Personal information that becomes inactive for any reason is kept securely only for as long as it is needed, before being safely disposed of.

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

a. basic information – 10 years. We may anonymise or pseudonymise the personal data so that it

b. can no longer be associated with you, in which case we may use it without further notice to

c. you;

d. financial information – 6 years;

e. medical information – 3 years from discharge;

f. sensitive information – 3 years from discharge;

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

YOUR RIGHTS

Under certain circumstances, by law you have the right to:

a. Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

b. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

c. Request erasure of your personal information in certain circumstances. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

d. Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) or public interest as our lawful basis for processing and there is something about your particular situation which leads you to object to processing on this ground. You also have the right to object if we are processing your personal information for direct marketing purposes.

e. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

f. Request the transfer of your personal information to another party in certain circumstances.

RIGHT TO COMPLAIN TO THE ICO

You have the right to complain to the Information Commissioner's Office (the "ICO") if you are not satisfied with the way we use your information. You can contact the ICO by writing to Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

CHANGES TO THIS PRIVACY STATEMENT

We reserve the right to update this privacy statement at any time, and we will provide you with a new privacy statement when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

PRIVACY NOTICE FOR REMOTE MONITORING IN SHIRLEY VIEW NURSING HOME

Shirley View Nursing Home keep identifiable and clinical data on you relating to health and social care.

In order to allow additional health care organisations to provide care whilst you remain at home, your health and social care data will be shared with those organisations for the duration of the care provided.

The purpose of the remote monitoring service is to enable clinicians (GPs, clinical providers) to remotely monitor residents’ health in care homes. For this to work, the care home staff must record information into a digital system for clinicians to access that information.

People who have access to your information will only normally have access to that which they need to fulfil their roles.

You have the right to object to our sharing your data in these circumstances, but we have an overriding responsibility to comply with our legal obligations. Please see below.

We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections.

* “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.

COOKIE POLICY

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.

CONTACT US

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Rejeen Sellappapillai):

Email address: care.vlke4@nhs.net

Telephone number: 020 8643 5680

Postal Address: 23 Shirley Avenue, Cheam, Sutton, SM2 7QS