- Policy Statement
- Status of policy
- Definition of data protection
- Data Protection principles
- Fair and lawful processing
- Processing for limited purposes
- Adequate, relevant and non-excessive processing
- Processing in line with data subject rights
- Dealing with subject access requests
- Giving information over the phone
- Data rectification, storage and destruction
- Right to be forgotten
- Data portability
- Home working
- Transferring data abroad
Everyone has rights with regard to how their personal information is handled. During the course of our activities we will collect, store and process personal information about our staff and patients, and we recognise the need to treat it in an appropriate and lawful manner. The types of information that we may be required to handle include details of current, past and prospective employees, suppliers, customers and others that we communicate with. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the General Data Protection Regulation and the Data Protection Bill UK. The GDPR imposes restrictions on how we may use that information.
This policy does not form part of any employee’s contract of employment and it may be amended at any time. Any breach of this policy will be taken seriously and may result in disciplinary action.
Status of the Policy
This policy has been approved by Ropergate Dental Care & Implant Studio. It sets out our rules on data protection and the legal conditions that must be satisfied in relation to the obtaining, handling, processing, storage, transportation and destruction of personal information.
The Data Protection Officer is responsible for ensuring compliance with GDPR and with this policy, your Data Protection Officer is Amy Eadie. Any questions or concerns about the operation of this policy should be referred in the first instance to the Data Protection Officer.
If you consider that the policy has not been followed in respect of personal data about yourself or others you should raise the matter with your Line Manager or the Data Protection Officer.
Definition of Data Protection Terms
“Data” is information which is stored electronically, on a computer, or in certain paper-based filing systems.
“Data subjects” for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal data.
“Personal data” means data relating to a living individual who can be identified from that data (or from that data and other information in our possession).
Personal data can be factual (such as a name, address or date of birth) or it can be an opinion (such as a performance appraisal).
“Data controllers” are the people who or organisations which determine the purposes for which, and the manner in which, any personal data is processed. They have a responsibility to establish practices and policies in line with the GDPR. We are the data controller of all personal data used in our business.
“Data users” include employees whose work involves using personal data. Data users have a duty to protect the information they handle by following our data protection and security policies at all times.
“Data processors” include any person who processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on our behalf.
“Processing” is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.
“Sensitive personal data” includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data can only be processed under strict conditions and will usually require the express consent of the person concerned.
Data Protection Principles
- Processed for limited purposes and in an appropriate way.
- Adequate, relevant and not excessive for the purpose.
- Not kept longer than necessary for the purpose.
- Processed in line with data subjects’ rights.
- Not transferred to people or organisations situated in countries
- Anyone processing personal data must comply with the eight enforceable principles of good practice.
Fair and Lawful Processing
The GDPR is intended not to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the data subject. The data subject must be told who the data controller is (in this case it is the Company), who the data controller’s representative is (in this case the Data Protection Officer), the purpose for which the data is to be processed by us, and the identities of anyone to whom the data may be disclosed or transferred. For personal data to be processed lawfully, certain conditions have to be met. These may include, among other things, requirements that the data subject has consented to the processing, or that the processing is necessary for the legitimate interest of the data controller or the party to whom the data is disclosed. When sensitive personal data is being processed, more than one condition must be met. In most cases the data subject’s explicit consent to the processing of such data will be required.
Processing for limited purposes
Personal data may only be processed for the specific purposes notified to the data subject when the data was first collected or for any other purposes specifically permitted by the GDPR. This means that personal data must not be collected for one purpose and then used for another. If it becomes necessary to change the purpose for which the data is processed, the data subject must be informed of the new purpose before any processing occurs.
Adequate, Relevant and Non-Excessive Processing
Personal data should only be collected to the extent that it is required for the specific purpose notified to the data subject. Any data which is not necessary for that purpose should not be collected in the first place.
Personal data must be accurate and kept up to date. Information which is incorrect or misleading is not accurate and steps should therefore be taken to check the accuracy of any personal data at the point of collection and at regular intervals afterwards. Inaccurate or out-of-date data should be destroyed.
Personal data should not be kept longer than is necessary for the purpose. This means that data should be destroyed or erased from our systems when it is no longer required. For guidance on how long certain data is likely to be kept before being destroyed, contact the Data Protection Officer.
Processing in line with data subject’s rights
Request access to any data held about them by a data controller.
Prevent the processing of their data for direct-marketing purposes.
Ask to have inaccurate data amended.
Prevent processing that is likely to cause damage or distress to themselves.
Data must be processed in line with data subjects’ rights.
We must ensure that appropriate security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data. Data subjects may apply to the courts for compensation if they have suffered damage from such a loss.
The GDPR requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. Personal data may only be transferred to a third-party data processor if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
Maintaining data security means guaranteeing the confidentiality, integrity and availability of the personal data, defined as follows:
- “Confidentiality” means that only people who are authorised to use the data can access it.
- “Integrity” means that personal data should be accurate and suitable for the purpose for which it is processed.
- “Availability” means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our central computer system instead of individual PCs.
Security procedures include:
“Entry controls”. Any stranger seen in entry-controlled areas should be reported.
“Secure lockable desks and cupboards.” Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
“Methods of disposal”. Paper documents should be shredded. CD-ROMs should be physically destroyed when they are no longer required.
“Equipment.” Data users should ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
Dealing with subject access requests
A request from a data subject for information that we hold about them doesn’t always need to be made in writing although it is preferable. A fee is NOT payable by the data subject for provision of this information unless it is deemed by the DPO as an excessive request or a repetitive request. Any member of staff who receives a written request should liaise with the Data Protection Officer to log the request and the PM must ensure the request is completed within 1 month.
Providing information over the telephone
Any member of staff dealing with telephone enquiries should be careful about disclosing any personal information held by us. In particular they should:
- Check the caller’s identity to make sure that information is only given to a person who is entitled to it.
- Suggest that the caller put their request in writing if they are not sure about the caller’s identity and where their identity cannot be checked.
- Refer to their Practice Manager or the Data Protection Officer for assistance in difficult situations. No-one should be bullied into disclosing personal information.
Data rectification, storage and destruction
Data subjects have the right to their data being rectified, this includes personal data if it is inaccurate or incomplete.
All rectifications must be completed within a month unless the rectification is complex then it can be extended to two months with notice given to the individual. If the data that needs rectification has been disclosed to others e.g. Hospitals then you must contact and inform each recipient. If you receive a request that you cannot act (such as for legal reasons) on then you must inform the individual as to the reasons why and that they have a right to complain to the supervisory authority and to a judicial remedy.
Storage of paper records in practice must be stored indexed and in fire proof, lockable cabinets and must be locked at all times when not in use. It is all staff’s responsibility to ensure that the records are stored correctly and filed correctly.
Anything within the practice that can identify a patient must be locked away and access restricted to ensure confidentiality is upheld at all times, this includes lab work, day lists, PDQ Slips etc.
Laptops and computers are encrypted and password protected. Passwords are changed every 30 days and access levels are determined and implemented appropriately. All personal data is backed up and stored in an encrypted format in a double locked fire proof server cabinet that is off site from the practices.
If personal data is being held for longer than the limitation period then justification for each individual is needed.
We can only legally destroy patient personal data 11 years after the last entry (i.e. appointment) within the company. Staff data can be destroyed 6 years after leaving the company. Reports are run in practice to filter out any excess data we do not need to hold to ensure that we are destroying data appropriately. All data to be destroyed is indexed and sent to Shred it, Leeds who then incinerate the data and send a certificate of incineration which is held in the office with the indexed log in case of future requests for data.
Digital patient records will be destroyed by deletion through Carestream and as they are backed up we will then contact Carestream to ensure that all patient data on that data subject is deleted.
Financial information following the limitation period will be cross cut shredded either in practice or sent to Shred it, Leeds.
Any data on mobile phones or laptops are wiped within the company and factory setting reset before the equipment leaves the company.
Right to erasure
Also known as the right to be forgotten, an individual has a right to request erasure or deletion of their personal data this can only be carried out when we have no legal reason for storing or processing that data. If you receive a request for erasure please contact the Practice Manager or Practice Owner to check whether we can carry out the request to erase. We will not be able to erase patient data if it is within the legal 11-year retention period.
Data portability applies to Ropergate Dental Care & Implant Studio when we refer individuals to secondary care providers for healthcare, in all cases we must ensure we inform the individual what information we are disclosing and that we gain their explicit consent even if a patient requests to transfer to another clinic. All records must be kept contemporaneous and accurate and must therefore be portable in a format that suits the patient and recipient.
Home working/Remote working
Only the Practice Owner and Practice Manager are able to work remotely, they must ensure they have appropriate security levels both on their laptop/computer and on any Wi-Fi networks they connect to. All laptops/computers have appropriate firewall protection and have encryption and password protection.
Laptops are only used for business purposes and access to the remote server is granted on a need to access basis following checks.
Transferring data abroad
There are restrictions on transferring data outside of the EU under the GDPR, transferring personal data internationally outside of the EU can only be completed if you can demonstrate compliance with the conditions set out in chapter V of the GDPR.
Data transfers within the EU are upheld by GDPR and the article 29 working party.
Monitoring and review of the policy
This policy is reviewed annually by Ropergate Dental Care & Implant Studio.
We will continue to review the effectiveness of this policy to ensure it is achieving its stated objectives.
Where your data is held
Your data is held on secure servers operated by Namesco Limited and will be stored under robust security measures.
Storage and security of your personal information
We comply with the standard procedures and requirements as laid down by applicable law to ensure that your personal information is kept secure and we use the latest in Secure Server Technology (SSL – 128bit encryption) to ensure that all of your personal information is protected to the highest standards.
The transmission of information via the internet is not completely secure. Any emails we send or receive may not be protected in transit. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our website; any transmission is at your own risk.
Any passwords that you use must be kept securely. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We will also monitor any emails sent to us, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any email you send is within the bounds of the law.
Additionally, the information that we collect from you may be transferred to, and stored at, a destination outside the UK and the European Economic Area (“EEA”). It may also be processed by our third party suppliers outside of the UK and EEA.
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