Privacy notice for GenesisCare patients
GenesisCare UK is a trading name of Genesis Cancer Care UK Limited. For the purposes of this privacy notice reference to GenesisCare UK includes the GenesisCare UK subsidiaries.
The registered office for GenesisCare and its subsidiaries is Wilson House, Waterberry Drive, Waterlooville, Hampshire, PO7 7XX. Other registration detail is as follows:
|Company name||Company registration number||Information Comissioners Office registration number|
|Berkshire Health Limited (BHL)||07238700||Z274620|
|Birmingham Prostate Clinic (BPC)||05509497||ZA441424|
This Privacy Notice
This privacy notice applies to anyone who asks about, buys or uses our services in any way (for example, by email, through our website, or by telephone). We take privacy seriously and we want you as our service user, to understand the information we collect about you, how we process and protect the personal data which we collect about you, from you and from third parties, so that you can be confident that the information is being used safely and in ways that are reasonably expected, and what rights you have in respect of your personal data.
When we refer to ‘we’, ‘us’ and ‘our’, means GenesisCare UK.
What information do we collect and use?
We strictly control access to and the use of your health and care information and will comply with data security and protection requirements, legislation and the guidance and protocols issued by the regulating medical organisations.
Types of data
|Personal Data||Personal data means any information relating to an identifiable person who can be directly or indirectly identified for example by a name, an identification number, location data, date of birth, etc.|
|Special Category Personal Data||This data has extra safeguards apply to its processing. It is data about an individual’s racial or ethnic origin; political opinion; religious or philosophical beliefs; trade union membership; sex life or sexual orientation; health, including genetic and biometric data where processed to uniquely identify an individual.|
|Pseudonymised Data||This is where data has been masked so that it can no longer be attributed to a specific data subject without the use of additional information (‘the key’) which is kept separately and securely. This data type is processed as personal data.|
|Anonymised Data||If data has been turned into a form which does not identify individuals, and where the risk of re-identification is extremely low, data protection legislation does not apply.|
Anonymised data which has been grouped together to provide statistics.
- Your name
- Your image
- Date of birth, gender and marital status
- Your contact details, address, including email address and home and mobile telephone numbers and your communication preferences
- Your GP practice details
- Family details, lifestyle and social circumstances, where relevant to your care.
- Your chosen emergency contact’s name, address, contact information and their relationship to you.
- Your funding arrangements - we will record whether you are self-funding or are covering the cost of your treatment through your private medical insurers. Where relevant, we will record details of your private medical insurance including your insurer and policy number. We will capture the cost of your treatment, the amount paid and the amount owed.
Special category data may include information about your current or previous health, your diagnoses and medications; images you had taken in the course of care or treatment; your sex life or sexual orientation, your religion, race or ethnicity and genetic information relating to you.
It may include details of health and care services provided previously by GenesisCare UK or by other health and care providers and include details of any medication you have been prescribed.
We may ask whether or not you have a disability for which the organisation needs to make reasonable adjustments.
We may ask for information about medical or health conditions of your family, your ethnicity and genetic data.
CCTV recording is in use at GenesisCare UK locations. Areas monitored by CCTV are sign-posted. The information processed can include visual images, personal appearances, movements and behaviour.
We will collect information received in response to any queries, concerns, compliments, incidents, legal requests, complaints and/or claims.
We may collect information in relation to the quality of our services, for example, call recordings, surveys and feedback.
Who do we collect information from?
Information may be collected directly from you to support your direct care and treatment. This information can be collected when:
- You use our services
- You correspond with us by letter, email or telephone or via social media, including where you reference GenesisCare UK in a public social media post
- You take part in a survey
- You take part in our marketing activities.
To provide you with the best possible care, we collect personal data about you from other providers. These can include:
- Records from other health and care providers who have previously provided treatment to you, (this can include both private organisations and the NHS)
- Records from your consultant (including those provided through their medical secretaries)
- Information from other service providers who work with us in relation to diagnostics, care and treatment provided to you
- Samples and tests provided by pathology or laboratory organisations
We may collect information about you from third parties when:
- You are referred to us for health related services
- We liaise with current or former other health service and support providers
- We liaise with your emergency contact or family
- We communicate with your medical insurance policy provider
- We instruct debt collection agencies
- We communicate with government agencies such as social and welfare organisations where it is legally required for the safety of the individual concerned, for example, safeguarding
- You instruct a representative, such as a legal advisor or attorney
- You appear on CCTV, and we are a recipient of the footage
How do we secure your data?
We use your information for a number of purposes and to do so we must have a legal justification under data protection law. The legal justification will depend on the type of data (personal or special category) and the purpose for which we intend using your information.
We have set out individually those purposes for which we will use your data below along with the lawful basis.
When you come to us for care and treatment, we will collect information from you in order to provide health related services and to fulfil our contract with you for the provision of the services.
Please note that failure to provide your information further to a contractual requirement with us or a consultant may mean that we are unable to register you as a patient or facilitate the provision of your health and care on the GenesisCare UK’s systems.
The lawful basis for processing personal data is 6(1)(f) legitimate interests, specifically, supporting the provision of your health and care and management of health care services or 6(1)(b) necessary for the performance of a contract and article 9(2)(h) provision of health care or treatment or the management of health care systems and services.
You can choose how we are to contact you and whether we can leave a voicemail. You can change your preferences at any time, please let us know.
We use a trusted SMS messaging service to provide a patient reminder service which means you will receive a discrete text message a few days before your appointment. We may also send a text if there is an emergency, for example, if access to a Centre has been prevented. You will be asked when you register at your Centre if you wish to opt into this service. You should not reply to these texts as they will not be responded to. However, such data will be monitored and treated confidentially in accordance with our policy. This service is managed in collaboration with GenesisCare Australia colleagues with whom appropriate inter-group data protection agreements are in place.
We may use your personal data to provide a taxi service for you, at your request.
It is important that you tell us immediately if your contact details have changed. Please note that we cannot be held responsible should you change your contact number or email address and not advise us. Equally we cannot be held responsible for onwards use or transmission of a text message after you have received it.
Our lawful basis for processing this data is 6(1)(f) necessary for the purposes of legitimate interests, specifically, supporting the provision of your health and care and management of health care services and article 9(2)(h) provision of health care or treatment or the management of health care systems and services.
When you register for care or treatment, you may provide details of an emergency contact with whom we can share information about the progress of your treatment and contact in the event of an emergency, unless you have advised us not to. It is important to notify us of any change to these emergency contact details so that we can ensure they are kept up-to-date and accurate. Please ensure that your contacts are comfortable with you giving us their information and we recommend you show them this privacy notice.
If you invite a relative, friend and/or carer to your appointments, they will receive the same information about you that you receive during the appointment.
If you have a representative, for example someone holding lasting power of attorney, we will share information with this representative where appropriate to do so.
We will share your information with other health and care professionals or organisations so they can provide you with safe and effective care. This would include where you transfer for continuing treatment or care through the NHS or an alternative private organisation.
GenesisCare UK has a legal obligation under the Health & Social Care Act 2015 to use your NHS number where reasonably available, and this unique identifier will be used for all data sharing associated with facilitating the care of NHS patients.
The lawful basis for processing this data is 6(1)(f) necessary for the purposes of legitimate interests, specifically, supporting the provision of your health and care and management of health care services, article 6(1)(c) compliance with a legal obligation and article 9(2)(h) provision of health care or treatment or the management of health care systems and services.
You may be offered a telehealth remote consultation by your doctor. If we provide this service we may record your name, telephone number and IP address.
We do not record consultations. Any notes taken during your consultation will be added to your health and care record which is held securely on our patient system.
The lawful basis for processing this data is 6(1)(f) necessary for the purposes of legitimate interests, specifically, supporting the provision of your health and care and management of health care services or 6(1)(b) necessary for the performance of a contract and article 9(2)(h) provision of health care or treatment or the management of health care systems and services.
When you register with us, we will record whether you are self-funding or are covering the cost of your treatment through your private medical insurers. Where relevant, we will record details of your private medical insurance including your insurer and policy number.
If you are self–funding or need to cover costs in the event of a shortfall of funds from insurers, you will need to make payment via our authorised payment card service providers who will hold your card holder data. You will receive a copy of the receipt and our finance department will store the merchant copy securely for one year on our servers for financial audit purposes after which our copy will be deleted.
We collect this information to enable us to provide you with health related services and treatment and to fulfil our contract with you for the provision of such care. We use your personal data to ensure our accounting and invoicing activities are accurate and up-to-date.
The lawful basis for processing personal data is 6(1)(f) necessary for the purposes of legitimate interests, specifically, supporting the provision of your health and care and management of health care services or 6(1)(b) necessary for the performance of a contract and article 9(2)(h) provision of health care or treatment or the management of health care systems and services.
We are accountable for ensuring safe clinical and operational practices are implemented and maintained. We undertake regular audits of compliance to ensure the delivery of standards of treatment, for quality assurance, to ensure services can meet patient needs in the future and to assess adherence to policy and procedure. Wherever possible we use anonymised information.
We may share anonymised and aggregated data with organisations such as the National Institute for Clinical Excellence for auditing purposes. You will not be identifiable unless anonymised or aggregated patient data would not otherwise be sufficient and the use of personal data has a valid lawful basis. Recipients will be under a duty of confidentiality in addition to that imposed by the data protection legislation.
Our lawful basis for processing this data is 6(1)(f) necessary for the purposes of legitimate interests, specifically, supporting the provision of your health and care and management of health care services or 6(1)(c) Legal Obligation (e.g. CQC requirements) and article 9(2)(h) provision of health care or treatment or the management of health care systems and services or 9(2)(i) for reasons of public interest in the area of public health.
Your data may also be used to support clinical training and teaching purposes within the GenesisCare direct care team and student placements. Recipients will be under a duty of confidentiality in addition to that imposed by the data protection legislation.
Our lawful basis for processing this data is 6(1)(f) necessary for the purposes of legitimate interests, specifically, supporting the provision of your health and care and management of health care services and article 9(2)(h) provision of health care or treatment or the management of health care systems and services.
GenesisCare participates in research and service review studies to support the generation of new knowledge in medicine, measure effectiveness of interventions, to support the development of technological and medical innovations and to improve healthcare services and patient outcomes.
Where anonymised or aggregated patient data would not suffice, we share data under a legally binding contract and researchers are bound by data protection legislation and confidentiality clauses.
When you register as a patient with GenesisCare, you will be asked to confirm whether you are happy for your information to be used in this way.
Some research projects and/or registries have received statutory approval and consent may not be required to use your personal data. Where appropriate we will comply with the National Data Opt-Out.
Where GenesisCare acts as a controller in the context of these purposes, our lawful basis is Article 6(1)(f) legitimate interests, specifically the processes is necessary for research purposes and Article 9(2)(j) the processing is necessary archiving purposes in the public interest, scientific or historical research purposes or statistical purposes or article 9(2)(h) provision of health care or treatment or the management of health care systems and services.
Note: Where GenesisCare acts as a processor in the context of research studies and clinical trials, you will receive a patient information sheet explaining how your personal data will be used by the controller.
We may use your information to communicate with you about the resolution of any queries, concerns or complaints you have made. It is important that we resolve such matters properly and fully to the satisfaction of all concerned, and we will need to use your personal data to do so.
The lawful basis for processing this data is 6(1)(f) legitimate interest, specifically managing queries, concerns, compliments and complaints relating to our services, article 6(1)(c) compliance with a legal obligation and article 9(2)(h) provision of health care or treatment or the management of health care systems and services
As a provider of health and care, we are subject to a wide range of legal and regulatory responsibilities. Where we are required by law or by regulators to provide personal data, the use is necessary for the provision of health and care or treatment and the management of health and care systems and we have a legal obligation to do so.
In the unlikely event that GenesisCare UK or its consultants are the subject of legal actions or complaints it is necessary to access your personal data in order to investigate and respond to those actions (limited to the extent necessary and relevant to the subject-matter) to enable us to establish, exercise or defend our legal rights.
The lawful basis for processing this data is 6(1)(f) legitimate interests, specifically the processing is necessary for us to establish, exercise or defend our legal rights or article 6(1)(c) compliance with a legal obligation and article 9(2)(h) provision of health care or treatment or the management of health care systems and services or 9(2)(f) defence of legal claims.
We have an appropriate business need to use your information where necessary for IT purposes, for example, responding to tickets, performing trouble shooting, applying fixes and performing maintenance. Our lawful basis for this purpose is article 6(1)(f) legitimate interest and article 9(2)(h) provision of health care or treatment or the management of health care systems and services.
If we were to sell or transfer a Centre or part of our business to another organisation, your patient records would also transfer to the new owner. Limited information may also be shared, where required, with legal and other professional advisors involved in that transaction. Your records would be transferred to minimise the disruption to current and past patients caused by the sale or transfer and to ensure that we and a new owner were able to comply with our legal obligations regarding the retention of patients’ and other clients’ medical records and to ensure continuity of care.
The lawful basis for processing this data is 6(1)(f) legitimate interests, specifically, supporting the provision of your health and care and management of health care services or 6(1)(b) necessary for the performance of a contract and 9(2)(h) provision of health care or treatment or the management of health care systems and services.
We use personal data including photography (still and moving), audio or written transcript recordings in our marketing materials related to the promotion of our organisation and services, as an educational resource, within presentations or within journalistic articles or material. These materials will be published online and within printed media, used in promotional videos at events, used in advertising and broadcast and used for educational purposes. Depending on the circumstances, this may include special categories of data such as information relating to your health.
Where we are processing special categories of data for promotional, marketing, journalistic and education purposes you will be provided with a comprehensive Privacy Notice so that you can make an informed decision.
The lawful basis for processing this data is 6(1)(a) consent and 9(2)(a) explicit consent.
You have the right to withdraw your consent to further processing of your image. This is explained fully when you are asked if you wish to participate. If you have any queries, please contact the Data Protection Officer, details at the foot of this Privacy Notice.
We use CCTV externally and around our administrative areas to support the safety of our staff, patients and visitors and to ensure the security of property and premises and for preventing and investigating crime purposes only. It may also be used to support incident and complaint investigations and litigation against GenesisCare. Areas monitored by CCTV are sign-posted.
At some of our Centres the external CCTV is owned and managed by someone else, such as the landlord, who is the Controller. CCTV footage may be shared with GenesisCare UK where it is necessary for one of the above mentioned purposes. We can supply you with details of the relevant Controller(s) of the CCTV.
We also use CCTV in our radiotherapy treatment areas so that the radiographers can watch you carefully and can speak to you through an intercom.
The lawful basis for processing this data is 6(1)(f) legitimate interest, specifically, the purposes mentioned above and article 9(2)(h) provision of health care or treatment or the management of health care systems and services or 9(2)(f) defence of legal claims.
GenesisCare UK will always put measures in place to ensure the safety of all patients and staff and will process your personal data in accordance with our data protection obligations under the data protection legislation.
Covid testing will take place where required as part of the general care of patients.
The lawful basis for processing your personal data is 6(1)(f) legitimate interest, specifically, to control, and wherever possible, prevent the spread of infection and article 9(2)(h) provision of health care or treatment or the management of health care systems and services.
We may also be legally required to share personal data under the Notice issued by the Secretary of State under Regulation 3(4) of the Health Service Control of Patient Information Regulations issued on the 1st April 2020. The lawful basis for processing your personal data in these circumstances is 6(1)(c) compliance with a legal obligation and 9(2)(i) for reasons of public interest in the area of public health.
National data opt-out programme
The national data opt-out puts into effect the opt-out model proposed by the National Data Guardian and enables patients receiving NHS funded care to choose how their confidential patient information is used for purposes beyond individual care such as research and planning, with some exceptions.
Further information, including the scope of the national data opt-out programme can be found at https://digital.nhs.uk/services/national-data-opt-out-programme.
Who do we share your information with?
It is important that you understand that we may share your information with others. We may share your personal data within our group of companies and with third parties.
We may share your personal data within the GenesisCare group of companies as described in the previous sections. Where we collaborate with our colleagues in Australia, Spain or the USA, there will be an inter-group data protection agreement in place and, if appropriate, those staff will be required to complete and pass UK Information Governance training and comply with UK policies and procedures which align with UK legislation.
We may offer you ancillary services connected to GenesisCare, such as the GenesisCare Exercise Clinic, counsellors and therapists. If you take up this support, we will share information with the relevant health and care professionals and workers.
As a GenesisCare UK patient, your treatment may be provided by a medical consultant. Medical consultants who provide you with care are required by law to maintain records about your health and any treatment or care you have received. They also make decisions about what information is collected about you and may maintain their own set of medical records in relation to the treatment that they provide as well as sharing the records relating to your care and treatment that GenesisCare UK maintains. Consultants control this information which means they must individually comply with the data protection legislation and relevant guidance when handling your personal data and should therefore also make available to you their own privacy notice. In respect of your direct health care and treatment received through GenesisCare UK, GenesisCare UK jointly controls your information with your consultant. This means that as joint controllers, together we determine the means and purpose of processing your information for your care and treatment.
Consultants who work with GenesisCare UK (including their medical secretaries) are expected to handle your personal data in accordance with the principles set out within this Privacy Notice. This means that whenever they use your personal data, they will do so as set out in this Privacy Notice. In addition, GenesisCare and Consultants are required to adhere to the Joint Patient Data Sharing and Management Policy which we can provide to you upon request.
Consultants working with GenesisCare UK (including their medical secretaries) may process your personal data at a non-GenesisCare UK site.
If you want to find out more about the arrangements between GenesisCare UK and consultants for handling your information please let us know by contacting our Data Protection Officer (DPO), details at the foot of this Privacy Notice.
This is a team of medical consultants who will discuss a treatment plan for you via the GenesisCare UK eMDT platform (developed and supported by our processor, Context Health). You will be referred to consultants in your specialist reference group who will have access to your medical data, to the diagnostic images held on the radiology system and to your health record. Consultants working together in the eMDT will discuss your case to achieve the best possible outcome.
All eMDT consultants sign a strict privacy agreement as a condition of participating and are bound by data protection legislation. The data will be held on the platform for one year and a day and thereafter deleted unless you are a GenesisCare patient in which case your treatment data will be saved in our patient systems in accordance with standard lawful practice. Data processed in the eMDT function is jointly controlled by GenesisCare and the clinical participants and a legal arrangement is in place between the parties. Data processed in the audit function is controlled by GenesisCare. Data processed in relation to patient outcomes is controlled jointly by the collaborating Consultants.
We may share data with healthcare providers who have commissioned our services so that we can jointly support your health and care and treatment.
This means that we may collect, transfer, share and manage your data jointly in our systems for the purposes of health and care services and related administration under a formal joint controller arrangement. Such a joint controller arrangement will set out our respective responsibilities to you with respect to:
- Our compliance with the data protection law generally;
- Our responsibilities for dealing with your rights as data subjects; and
- Our respective duties for provision of information to you.
Where joint controller relationships exist both parties must comply with data protection standards and both are responsible for addressing your rights and freedoms.
If you want to find out more about the arrangements between GenesisCare UK and NHS Trusts for handling your information please contact our DPO.
We may also share relevant data with other healthcare providers who are involved in your care and treatment.
Where the cost of your treatment and care is covered by insurance, we share your information with your insurer or the administrator of the applicable scheme of insurance. Both GenesisCare UK and your insurer are controllers of this personal data. This means that each of us individually may determine the means and the purpose of any processing of the information we hold.
Generally, we share information to allow each other to exercise our rights or comply with our obligations under the health and care services arrangement we have in place, and in the case of the insurer, to manage claims and administer the schemes for insured members.
Specifically, your information may be used in the following shared activities:
- The provision of clinical quality information
- The pre-authorisation of treatment on your behalf
- Invoicing for services provided
- The notification of any serious incident
- Assisting and cooperating in the investigation of any member complaints
- Allowing your insurer to inspect and audit our facilities.
You may exercise your rights against either GenesisCare UK or your insurer where we are both controllers of the same information for the same processing purpose.
Where we independently hold further information, or process information for purposes in addition to the shared purposes stated above, you should direct any communication concerning your rights to the applicable holder/processor of your information.
The law requires us to share data for public health reasons, for example to prevent the spread of infectious diseases or other diseases which threaten the health of the population. We will report the relevant information to local health protection team or Public Health England.
We make notifications to Public Health England and other statutory bodies in compliance with our legal obligations and where necessary to protect the vital interests of individuals.
This 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 on the basis of UK law.
National Cancer Registration and Analysis Service (NCRAS)
If you have been diagnosed with cancer, GenesisCare will provide information about you and your cancer to the National Cancer Registration Service (NCRS). The NCRS promotes research, monitoring and improvement of cancer care. If you wish to request that your details are not included on the Register or have your information removed you should contact the NCRS directly by email to email@example.com. Further information has been provided to you in the Public Health England leaflet ‘Cancer Registration – what it is, the benefits of being on the register and your options’.
Private Healthcare Information Network (PHIN) / NHS
We are bound in law to send identifiable data to the Private Healthcare Information Network (PHIN) about the private patients we treat with radiotherapy. PHIN collects and publishes information about the activity and performance of health and care providers and doctors providing private care. PHIN has its own privacy notice which can be accessed via its website. Whilst the information we are obliged to provide includes some of your personal data, PHIN cannot identify you from it for although your NHS number is included, PHIN does not have access to any patient systems. Any information that is published by PHIN will always be in an anonymised statistical form.
We are required to provide PHIN with information related to your treatment, including your:
- National Health Service (NHS) number, or in the case of patients from outside the UK, a suitable equivalent identifier e.g. passport number
- Your age
- Your gender
- Your ethnicity or race
- Your diagnosis (what you are receiving treatment for)
- Other data about your state of health
- The procedure you have undergone
- The date you came into hospital, and the date you left
- Your postcode.
Further information about how PHIN uses information is available at www.phin.org.uk. We will be happy to print a copy for you if you prefer.
National Radiotherapy Dataset
We are required to send a radiotherapy dataset to the NHS Trust where treatment is funded by the NHS; the Trust will then forward this data on to NHS England.
The purpose of this collection is to support consistent data and inform the planning, provision and commissioning of radiotherapy services.
Other national data collection
We may collect and share data without your consent provided that the particular audit registry or data collection has received statutory approval, or where the information will be provided in a purely anonymous form, otherwise your consent will be needed. Where your consent is required, the registry organisation may have consent processes of their own, otherwise we will seek consent from you.
We may also share your personal data with the third parties listed below for the purposes identified within this privacy notice:
- A doctor, nurse, carer, pharmacist, and pathology and radiology staff involved in the analysis and reporting of diagnostic tests or other healthcare professional involved in your care
- Other members of support staff involved in the delivery of your care, such as receptionists and medical secretaries
- Other private sector healthcare providers where you request us to do so
- Your GP
- Voluntary organisations providing on-going support
- Taxi providers where transport assistance for treatment is provided for insured patients
- Government bodies and local authority departments
- Our regulators, such as the Care Quality Commission
- The police and other third parties where reasonably necessary for the prevention or detection of crime
- Our insurers
- Debt collection agencies
- Third parties to the extent required by law, regulation or court orders and statutory requests for information
- CCTV recordings may be shared where necessary or required, with you, employees, insurers and agents, services providers, police forces, security organisations and persons making an enquiry
- Service providers we use to support our business. These providers are trusted partners that work with us and are authorised to use your personal data only as necessary to provide these services to us or to you. We require these third parties to comply with data protection law and we ensure appropriate controls are in place. We enter into written contracts with all our providers. These will include providers of:
- Clinical, administrative and management systems
- Clinical equipment and treatment systems
- Clinical services e.g. pathology providers, diagnostic providers
- Payment card providers
- IT support services including trouble shooting and maintenance
- Data hosting
- Collaboration and communication tools
- Auditors, lawyers and tax advisors
- Marketing agencies
- Bank and auditors for financial reconciliation purposes.
- Selected third parties in connection with any sale, transfer or disposal of our business.
- We may communicate with these third parties in a variety of ways including, but not limited to, email, post and telephone.
How do we secure your data?
Depending on the circumstances we may be the controller of your data or we may be a joint controller but in all cases we have security measures to protect your personal data and everyone working at GenesisCare is subject to the Common Law Duty of Confidentiality and to data protection legislation, which means that staff have a legal duty to protect and secure your information and preserve confidentiality. This also applies to those who receive data from us.
We will hold your data in an electronic format, either on a patient administration system or on our secure servers (for example, if we need to save a copy of your data in order to send it onto another service provider), and on paper (for example, where your Centre holds a print-out for clinical safety and business continuity purposes).
We protect your data in many ways:
We have implemented appropriate technical and organisational security to protect your personal data. This includes:
- By providing those who work at GenesisCare with robust policies, procedures and guidelines
- Ensuring our staff complete regular training
- Ensuring personal data is only accessible to and shared with individuals that have a justifiable need to access it
- Implementing physical access controls within our facilities
- Applying technical controls such as encryption (which includes configurations to conform to the O365 NHS Digital Assessment)
- Legally binding agreements and contracts between relevant parties
- Holding up-to-date registers of our information assets.
Wherever possible we will anonymise or pseudonymise your information before we share it with others, or where we no longer require the information in identifiable form.
Anonymisation is the process of turning data into a form which does not identify individuals and where identification is not likely to take place.
Pseudonymisation is the processing of information in such a way that it can no longer be attributed to you without the use of additional information and where that additional information is kept separately. This allows for a much wider use of the information for statistical or other purposes.
We provide our staff with guidelines to ensure that any transfer of personal data will be carried out securely and in line with data protection law.
If your permanent address is outside the UK, or your treatment is continuing outside the UK, we may send details of your treatment to specific individuals to promote your ongoing care.
GenesisCare UK is part of a global organisation and we (or third parties acting on our behalf) may store or process personal data within the GenesisCare group of companies for administrative and management purposes. The group companies are located in Spain and Australia and the United States. This processing is based on our own or a third party’s legitimate business interests.
As a global organisation we may engage global suppliers for the provision of services to the GenesisCare Group of companies and such suppliers may also be located outside the UK.
Where we transfer your personal data to a third country or international organisation, we will ensure adequate safeguards and measures are in place to protect your personal data from unlawful use and ensure your fundamental rights are capable of being upheld. We would normally achieve this by:
- Only transferring personal data to countries deemed capable of providing an adequate level of protection; or
- Implementing Standard Contractual Clauses; and
- Adopting technical, organisational and contractual measures, where required having undertaken a Data Transfer Impact Assessment to ensure that your rights in the country of transfer are essentially equivalent to your rights in the UK.
In certain situations, it may be possible to legitimise the transfer by relying on a derogation. For example, if:
- You have explicitly consented to the proposed transfer; or
- The transfer is necessary for the performance of a contract.
In all cases any transfer of your personal data will be compliant with applicable data protection law. If you would like further information regarding the steps we take to safeguard your personal data when making international transfers, please contact the DPO using the details at the foot of this Privacy Notice.
GenesisCare carries out Data Protection Impact Assessments prior to new or changed processing of data relating to individuals in order to identify and minimise the data protection risks of data processing activities undertaken.
How long do we keep your personal data for?
We retain information in accordance with our legal obligations and national best practice. We ensure compliance through regular auditing and ensure information is securely disposed of when it has reached the end of its retention period. This also applies to interim paper copies held for clinical safety and business continuity purposes.
We implement data retention periods for different categories of personal data and/or different processing purposes, including where appropriate, archiving periods. We will only keep your personal data for as long as reasonably necessary in order to support patient care and continuity of care; support evidence-based clinical practice and to assist clinical and other audits; to support our legitimate business interests and to comply with our legal and regulatory requirements.
GenesisCare UK’s retention policy for most medical records is 30 years from diagnosis in line with the NHSX Records Management Code of Practice 2021. The following are other examples:
|Record Type||Retention Start||Rentention Period|
|Visitor sheets held in Reception; clinic print-outs; interim paper copies||Date of visit||As long as reasonably required, this may be until the following day or longer if necessary|
|Incidents||Closure of incident|
Incidents (serious) – 20 years
Incidents (not serious) -10 years
|Complaints / investigation case file||Closure of complaint / investigation||10 years|
|Subject Access Request (SAR) and disclosure||Closure of SAR||3 years; 6 years where there has been an appeal|
|Log of incoming telephone calls||Dates of entry||3 months|
|Telephone recordings||Date of recording||51 days|
Under data protection law you have a number of specific rights in relation to the personal data that we hold about you. These include rights to know what information we hold about you and how it is used. You may exercise these rights at any time by contacting us using the details at the foot of this privacy notice and without adversely affecting your care.
We will not usually charge for handling a request to exercise your rights. If we cannot comply with your request to exercise your rights we will usually tell you why. Unless there are grounds for extending the statutory deadline, we will respond within one month of receipt of a Rights request.
There are some special rules about how these rights apply to health information as set out in legislation including the Data Protection Act as well as any secondary legislation which regulates the use of personal data.
If you make a large number of requests or it is clear that it is not reasonable for us to comply with a request then we do not have to respond. Alternatively, we can charge for responding.
1. The right to be informed – This is fulfilled through our privacy notices.
2. The right of access to your personal data – You have the right to request details and a copy of the personal data we hold about you and details about how we use it. We must confirm whether we have personal data about you, and we also need to provide you with a copy of your personal data. We will usually provide you with your personal data in writing, unless you request otherwise. If you have made the request electronically (e.g. by email) the personal data will be provided to you electronically where possible. In some cases we may not be able to fully comply with your request, for example if your request involves another person’s personal data and it would not be fair to that person to provide it to you.
3. The right to rectification – This enables you to require that incomplete information is completed, or incorrect information is corrected. This ensures your information is accurate and up-to-date.
4. The right to erasure – This is also known as the right to be forgotten. Where either consent or legitimate interests is the lawful basis you have the right to request that we delete the personal data we hold about you. The broad principle underpinning this right is to enable you to request the deletion or removal of personal data where there is no compelling reason for its continued processing. If we have disclosed the personal data in question to third parties, we will inform them about the erasure of the personal data, unless it is impossible or involves disproportionate effort to do so. However there are exceptions to this right. For example, we can refuse to delete your personal data if we need to keep for tasks which are in the public interest, or for establishing, exercising or defending legal claims. If you make such a request and we comply with it, please be aware that we will retain a note of your name, the request made and the date we complied with it.
5. The right to restriction of processing – In some circumstances you have a right to ‘block’ or suppress processing of personal data. When processing is restricted, we are permitted to store the personal data, but not further process it other than in relation to the establishment, exercise or defence of legal claims or for reasons of important public interest. We are able to retain just enough information about you to ensure that the restriction is respected in future.
6. The right to data portability – Where you have provided the information to us, and where the processing is being carried out by automated means and based on your consent or pursuant to the performance of a contract with you, you have the right to obtain the information that GenesisCare UK processes about you and use it for your own purposes. This means you have the right to receive the personal data or where it is technically feasible, have the information transferred to an individual or organisation of your choice, and the information must be provided by us in an electronic format.
7. The right to object – you have the right to object to processing where the lawful basis is legitimate interests or a task in the public interest. This includes based on direct marketing (including profiling) and processing for purposes of scientific or historical research or statistical research purposes. The objection must be on grounds relating to your particular situation.
8. The right not to be subject to automated decisions – (i.e. decisions that are made about you by computer alone) that have a legal or other significant effect on you. GenesisCare UK does not carry out automated decision-making in relation to patients. If our policy in this respect changes, we shall update this privacy notice.
9. Your right to withdraw consent – In some cases to comply with data protection legislation we need your consent in order to use your personal data. Where we rely on this, you have the right to withdraw your consent to our continuing and further use of your personal data. You can do this by getting in touch with the relevant contact at GenesisCare UK or our DPO whose details are at the foot of this privacy notice.
Your right to complain to the Information Commissioners Office
You can complain to the Information Commissioner’s Office if you are unhappy with the way that we have dealt with a request from you to exercise any of these rights, or if you think we have not complied with our legal obligations. Whilst you are not obliged to do so, we would appreciate you making us aware of any issue prior to notifying the Information Commissioner’s Office and giving us the opportunity to respond.
- The Information Governance Manager at firstname.lastname@example.org
or write to GenesisCare, 69 Alma Rd, Windsor SL4 3HD or telephone 07795 497825
- The Data Protection Officer at DPO@genesiscare.co.uk
or write to GenesisCare, 69 Alma Rd, Windsor SL4 3HD or telephone 07841 207263.
You can contact the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues, at email@example.com, or at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or telephone 0303 123 1113 (local rate call). Website: ico.org.uk
Making a complaint will not affect any other legal rights or remedies that you have.
If you have any queries or would like to exercise your rights or to establish whether any rights apply to you, please speak with the GenesisCare Health Care Professional who is involved in your care.
You can also contact our Data Protection Officer: Email: DPO@genesiscare.co.uk or write to GenesisCare, 69 Alma Rd, Windsor SL4 3HD, marking your communication “Private and Confidential – FAO GenesisCare Data Protection Officer” or telephone 07841 207263
Updates to this Privacy Notice
We may update this Privacy Notice from time to time to ensure that it remains accurate. If these changes result in any material difference to the manner in which we process your personal data then we will provide an updated copy of the Policy and signpost you to the specific changes.
Revised July 2023