These purposes are supported under the following sections of the UK General Data Protection Regulations:
Article 6(1)(c) … ‘necessary for compliance with a legal obligation to which the controller is subject
Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
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...”
Article 9(2)(g) processing is necessary for reasons of substantial public interest, on the basis of domestic law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;’
Article 9(2)(i) ‘processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of domestic law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy’
Article (9)(2)(j) ‘processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) (as supplemented by section 19 of the 2018 Act) based on domestic law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
Schedule 1, Part 1(2) Health and Social Care Purposes, Data Protection Act 2018
Schedule 1, Part1(3) Public Health, Data Protection Act 2018
Schedule 1, Part 1(4) Research etc, Data Protection Act 2018
Schedule 1 Part 2(6) Statutory etc and government purposes, Data Protection Act 2018
The Practice recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality” to keep information about you confidential. Even though consent is not the legal basis for processing personal data for secondary purposes such as service evaluations and audit, the common law duty of confidentiality is not changing, therefore consent is still needed for people outside the care team to access and use confidential patient information for clinical audit, unless you have support under the Health Service (Control of Patient Information Regulations) 2002 (‘section 251 support’) applying via the Confidentiality Advisory Group in England and Wales or similar arrangements elsewhere in the UK. |