Your information and what we do with it…
Solent Mind takes your confidentiality and privacy rights very seriously. The information below explains how we collect, process, transfer and store your personal information under the General Data Protection Regulation (GDPR) 2018.
We can be contacted at the following address;
15/16 The Avenue
Tel: 02382 027810
Our Data Protection Officer is;
David Watson. Email: firstname.lastname@example.org
How will Solent Mind meet the principles of the GDPR
We will process your personal information fairly and lawfully by;Only using it if we have a lawful reason and when we do, we make sure you know how we intend to use it and tell you about your rights;
- In Most Cases we do not rely on consent to process your information, although we may ask for consent at times, as a ‘legal basis for processing’. We rely on specific provisions under Article 6 and 9 of the General Data Protection Regulation, such as ‘…a task carried out in the public interest or in the exercise of official authority vested in the controller.’However, there are other lawful reasons that allow us to process your personal information and one of those is called ‘legitimate interests’. This means that the reason that we are processing information is because there is a legitimate interest for Mind to process your information to help us to achieve our vision of ensuring that everyone experiencing a Mental Health problem gets both support and respect.Whenever we process your Personal Information under the ‘legitimate interest’ lawful basis we make sure that we take into account your rights and interests and will not process your personal information if we feel that there is an imbalance.Some examples of where we have a legitimate interest to process your Personal information are where we contact you about our work via post, use your personal information for data analytics, conducting research to better understand who our supporters are, improving our services, for our legal purposes (for example, dealing with complaints and claims), or for complying with guidance from the Charity Commission.This means we can process your personal information to provide you with your care without seeking your consent. However, you do have the right to object to the processing of your information but this could have an impact on our ability to provide you with care. It is important to note, that you do not have the automatic right to the erasure of the information, as this was processed under the Public Task legal basis, But may still make a request for this to be considered.
- Only collecting and using your information to provide you with your care and treatment and will not use it for anything else that is not considered by law to be for this purpose.
- Only using enough of your personal information that will be relevant and necessary for us to carry out various tasks within the delivery of your care;
- Keeping your information accurate and up to date when using it and if it is found to be wrong, we will make it right, where appropriate, as soon as we can;
- Only keeping your information in a way that it will identify you for as long as we are legally required to, whilst ensuring your rights;
- Having secure processes in place to keep your personal information safe when it is being used, shared, and when it is being stored.
Why do we collect information about you?
Your information is used to guide and record the care you receive and is vital in helping us to;
- have all the information necessary for assessing your needs and for making decisions with you about your care
- have details of our contact with you, such as referrals and appointments and can see the services you have received
- can assess the quality of care we give you
- can properly investigate if you and your family have a concern or a complaint about your healthcareProfessionals involved in your care will also have accurate and up-to-date information and this accurate information about you is also available if you:
- Move to another area
- Need to use another service
- See a different healthcare professional
What information do we collect from you?
Professionals working with you keep records about your support and treatment you receive. This may include:
- Basic details such as name, address, contact details such as phone numbers and email addresses, date of birth, your next of kin/carer and contact numbers
- Your referral details, notes about your long term medical conditions, and any other information about the care or support you need and receive
- Relevant information from other professionals such as your GP
- Any contacts you have with us, such as telephone support, group work or face to face support
- Information on medicines
- Patient experience feedback and treatment outcome information you provide
If you self-refer using our online referral process you will be asked to provide contact details and to complete a medical assessment questionnaire. When you submit this self-referral an automated decision process will be initiated, assessing whether accessing our services this way is appropriate for you. If some of the things you have indicated in your assessment mean it is not appropriate, you will be asked to contact us directly so that we can discuss and complete your referral and agree the best way forward.
Who might we share your information with?
Your information will be shared with the team of professionals who are supporting you and are providing treatment to you. However, Solent Mind works with partners in the NHS such as your GP, Community Mental Health Teams as well as other agencies, including social services and we may need to share information about you with them. We only do this to provide the most appropriate treatment and support for you or when the welfare of other people is involved. We will only share your information in this way if we have your consent and it is considered necessary.
You have the right to refuse/withdraw your consent to information sharing at any time. Please discuss this with your relevant health care professional as this could have implications in how you receive further care, including delays in you receiving care.
However, a person’s right to confidentiality is not absolute and there may be other circumstances when we must share information with other agencies. In these rare circumstances we are not required to seek your consent. Examples of this are:
- If there is a concern that you are putting yourself at risk of serious harm
- If there is concern that you are putting another person at risk of serious harm
- If there is concern that you are putting a child at risk of harm
- If we have been instructed to do so by a Court
- If the information is essential for the investigation of a serious crime
- If you are subject to the Mental Health Act (1983), there are circumstances in which your ‘nearest relative’ must receive information even if you object
- If your information falls within a category that needs to be notified for public health or other legal reasons, such as certain infectious diseases
Your personal information will only be used for purposes that benefit treatment and care. It will never be used for marketing or insurance purposes.
Enhancing our services and performance
To help us monitor our performance, evaluate and develop the services we provide, it is necessary to review and share information with the commissioners of the service you receive. These include, but may not be limited to NHS Trusts, Local Authorities, GP’s and Clinical Commissioning Groups. The information we share is anonymous so you cannot be identified and all access to and use of this information is strictly controlled and kept in accordance with the Data Protection Act.
In order to ensure that we have accurate and up-to-date patient records, we carry out a programme of audits. Access to your patient records for this purpose is monitored and only anonymous information is used in any reports that are shared internally.
Please contact us if you have any questions or wish to opt out of sharing your information with the above.
What do we do with your information?
Everyone working in Solent Mind has a legal duty to keep information about you confidential. Anyone who receives information from us is also under a legal duty to keep it confidential.
As well as ensuring you receive the appropriate support and treatment, your record can also provide us with an important source of information when we need to:
- Review our support and services to ensure it is of the highest standard
- Investigate complaints, legal claims or untoward incidents
- Prepare statistics about services
Unless we are investigating a complaint you have made, the records we use for the above purposes will not include any of your personal details. Sometimes for statistical, research or training purposes it is helpful to have more details as this can help us to identify particular trends or needs. However we will only use your personal information in this way if you give us your consent.
How we store and secure your information
Information about you will be stored on either our Own CRM System or an NHS System (e.g. System One), or both depending on the type of support and treatment you need.
We have contracts with the people who provide these systems (Third Party Contractors) to ensure there are robust information security safeguards in place to protect the confidentiality, integrity and availability of your personal confidential information. The security controls adopted by Solent Mind are influenced by a number of sources including National Guidance, NHS Digital and other Government Standards, in line with the Data Protection Act.
All staff should adhere to a confidentiality agreement as part of their employment contract with Solent Mind and all staff must comply with the various security operating procedures depending on their method of working. Any breach of these is treated seriously, and could result in disciplinary action, including dismissal.
How we transfer your information
In accordance with the Data Protection Act, principle 7, any transfer of information about you is completed in an approved secure method.
How long do we keep your information?
All records held by Solent Mind are subject to the Records Management Code of Practice for Health and Social Care Act 2016 (the Code).The Code sets out best practice guidance on how long we should keep your patient information before we are able to review and delete it.
How can I access the information you hold about me?
You have certain rights in relation to your personal information, although those rights will not apply in all cases or to all information that we hold about you. For example, we may need to continue to hold and process information to establish, exercise or defend our legal rights. You have the right to request that we:
- Provide you with a copy of your personal information that we hold
- Update your personal information where it is out-of-date or incorrect
- Delete personal information that we hold
- Restrict the way in which we process your information
- Consider any valid objections to our processing of your personal information
- Provide information you have given to us to a third party provider of services (where our lawful basis for processing is consent or contract and where processing is automated)
We will respond to your request (including providing information on whether the rights apply in the particular circumstances) within the applicable statutory time period. If we are not sure of your identity, we may require you to provide further information in order for us to confirm who you are. Requests can be made by contacting us using the details below.
15/16 The Avenue
If I have a Concern or Complaint?
Solent Mind encourage anyone who is not satisfied with the service to tell us so that we can investigate and respond to you in an effective and timely manner, and to try to put things right if we can. To do this, please contact the address above or talk to a member of Staff
We also have a leaflet available on our website which tells you what our complaints procedure is. Please ask a member of staff for one of these.
You can also contact the information commissioner’s Office via https://ico.org.uk/ for information, advice or to make a complaint.