PRIVACY and Cookie Policy

Edinburgh Radiology online referral service aims to meet the requirements of the Data Protection Act 2018, the General Data Protection Regulation (GDPR), the guidelines on the Information Commissioner’s Office , Healthcare Improvement Scotland as well as our medical professional guidelines (General Medical Council) and requirements.

EXECUTIVE SUMMARY

• Keeping your personal information safe and secure is our top priority. As custodian of personal information relating to your medical treatment, we must treat that information in accordance with all applicable law and guidance under the terms of the General data protection regulation (GDPR May 2018). This Privacy Notice provides you with a detailed overview of how we will manage your data, from the point at which it is gathered and onwards. We will use that information for a variety of purposes including, but not limited to, providing you with care and treatment, sharing it with other medical professionals, research/clinic audit programs, and seeking feedback on your patient experience. We may also, with your specific agreement, contact you with marketing materials. This Privacy Notice will give you all the details you need on how we use your information, and how we will comply with the law in doing so.

• In addition, you have a number of rights as a data subject. You can, for instance, seek access to your medical information, object to us using your information in particular ways and request rectification of any information, which is inaccurate, or deletion of information, which is no longer, required (subject to certain exceptions). This Privacy Notice also sets out your rights in respect of your personal information, and how to exercise them.

• For ease of reference, this Privacy Notice is broken into separate sections for ease of navigation.

INTRODUCTION

• This Privacy Notice sets out details of the information that Edinburgh Radiology and the clinicians responsible for your treatment (including their medical secretaries) may collect from you and how that information may be used. Please take your time to read this Privacy Notice carefully.

• You can contact us at Edinburgh Radiology by any of the following below by addressing to the Data Protection Officer and controller of Edinburgh Radiology:
  a. Email: info@edinburghradiology.co.uk
  b. Website: www.edinburghradiology.co.uk
  

YOUR PERSONAL DATA & CLINICIANS

• As a patient at Edinburgh Radiology, we provide your imaging & treatment. Your imaging scans are reported by a team of consultant radiologists (who are medical practitioners). The radiologist may maintain their own set of medical reports in relation to the imaging & treatment that they provide. They are a Data Controller in respect of your personal information, which they hold within those records, meaning that they must comply with the data protection legislation and relevant guidance when handling your personal information. To the extent relevant to their practice, you can expect clinicians (including their medical secretaries) to handle your information in line with this Privacy Notice. This includes using your personal information as set out in more detail below.

• Radiologists (and/or their companies) who work with Edinburgh Radiology are all ICO, GMC and possess appropriate individual medicolegal indemnity. Each individual Consultant (and/or company and their secretaries) is 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 only do so as set out in this Privacy Notice.

• Radiologists who work with Edinburgh Radiology (including their medical secretaries) may process your personal information outside of the Hospitals where scans are performed.

• If you have any concerns about the way your radiologist has handled your personal information, please contact Edinburgh Radiology.

• We will always hold your information securely. To prevent unlawful disclosure or access to your information, we have implemented strong physical and electronic security safeguards. All correspondence with personal details will only be accepted from the website referral pages. Never send patient identifying information via email. Online referrals are secured using Valident (ISO27001 UK based secure server). Encryptaform (Dentsure ltd) handles all aspects of the SSL certificate and hosting for the referral forms. Personal data is stored on the encrypted datasite ‘encryptaform’ and is automatically deleted after 28 days, and is not accessible after this time. Encryptaform (Dentsure ltd) encrypted services provide regulatory guarantees (ICO/GMC/HIS) in accordance with General Data Protection Regulation (GDPR) (https://ico.org.uk/for- organisations/guide-to-data-protection/guide-to-the-general-data-protection- regulation-gdpr/). Electronic communication via the Edinburgh radiology website to complies with:

SI 2002 2013 (http://www.legislation.gov.uk/uksi/2002/2013/pdfs/uksi_20022013_en.pdf)

SI 2003 2426 (http://www.legislation.gov.uk/uksi/2003/2426/pdfs/uksi_20032426_en.pdf) This is in accordance with GMC/ICO/CQC Online Compliance Regulations.

EMAIL POLICY

• The personal information that we collect relates to your medical complaint and is to allow us to efficiently relay your imaging report to your GP and other specialists looking after you.

• In addition, you should note that in the event you amend data, which we already hold about you (for instance by amending a pre-populated form), then we will update our systems to reflect the amendments.

• Personal information we may hold includes the following:
  
  a. Name
  
  b. Contact details, such as postal address, email address and telephone number (including mobile number)
  
  c. Background referral details
  

• We do not retain any financial information, such as credit card details used to pay us after payment has been taken.

• As a patient of the Edinburgh radiology, we will hold information relating to your imaging and radiology reports, which we will hold securely and sensitively.

• The confidentiality of your medical information (imaging reports) is very important to Edinburgh Radiology. We make every effort to prevent unauthorised access to and use of your information relating to your imaging at Edinburgh Radiology. In doing so we comply with the new General Data Protection Regulation (GDPR) which becomes law from May 25th 2108 and all applicable medical confidentiality guidelines issued by professional bodies including, but not limited to, the General Medical Council, Society of Radiographers and the Nursing and Midwifery Council.
  

HOW DO WE COLLECT INFORMATION?

• We may collect personal information from a number of different sources including, but not limited to:

a. Clinicians

b. GPs

c. Dentists

d. Other hospitals and Independent clinics (both NHS and private)

e. Other professionals e.g physiotherapists

f. From your insurance company

DIRECTLY FROM YOU

• Information may be collected directly from you when:
  
  a. You use imaging services at Edinburgh Radiology or allied Hospitals for the provision of healthcare

  b. You complete enquiry forms on our website.

  c. You submit a query to us including through our website, by email or by social media.

  d. You correspond with us by letter, email, telephone or social media.

  e. You take part in our marketing activities.
  

• Medical records
  

HOW WILL WE COMMUNICATE WITH YOU?

• In order to communicate with you, we are likely to do this by telephone, SMS, email, and / or post. If we contact you using the telephone number(s) which you have provided (landline and/or mobile), and you are not available which results in the call being directed to a voicemail and/or answering service, we may leave a voice message on your voicemail and/or answering service as appropriate.

• However:

a. to ensure that we provide you with timely updates and reminders in relation to your healthcare (including basic administration information and appointment information (including reminders)), we may communicate with you by SMS and/or unencrypted email (where you have provided us with your email address) in each case where you have expressed a preference in the patient registration form to be contacted by SMS and / or email.

b. to provide you with your medical information (including test results and other clinical updates) and/or invoicing information, we may communicate with you by email (which will be encrypted / password protected) where you have provided us with your email address and have expressed a preference in the patient registration form to be contacted by email. The first time we send you any important encrypted email e.g one that we are not also sending by post or which requires action to be taken, we will endeavour to contact you separately to ensure that you are able to access the encrypted email you are sent.

c. If we have your mobile number or your email address we may use this method of communication to contact you regarding patient surveys which are for the purpose of improving our service or monitoring outcomes and are not a form of marketing.

• Please note that although providing your mobile number and email address and stating a preference to be communicated by a particular method will be taken as an affirmative confirmation that you are happy for us to contact you in that manner, we are not relying on your consent to process your personal data in order to correspond with you about your treatment. As set out further below, processing your personal data for those purposes is justified on the basis that it is necessary to provide you with healthcare services.

SURVEYS

• As detailed above, we may contact you to ask you to participate in surveys regarding your treatment with Edinburgh Radiology. The surveys will largely be sent post- treatment by email or SMS. This is not a form of marketing and the surveys are solely to gather information relating to your experience for the purposes of improving the quality and safety of the services we offer to future patients.

WHAT ARE THE PURPOSES FOR WHICH YOUR INFORMATION IS USED?

• We may ‘process’ your information for a number of different purposes, which is essentially the language used by the law to mean using your data. Each time we use your data we must have a legal justification to do so. The particular justification will depend on the purpose of the proposed use of your data.

• Generally we will rely on the following legal justifications, or ‘grounds’

  a. Taking steps at your request so that you can receive healthcare services from us.

  b. For the purposes of providing you with healthcare pursuant to a contract between you and Edinburgh radiology. We will rely on this for activities such as supporting your medical treatment or care and other benefits, supporting your doctor, nurse, carer or other healthcare professional and providing other services to you.

  c. We have an appropriate business need to process your personal information and such business need does not cause harm to you. We will rely on this for activities such as quality assurance, maintaining our business records, developing and improving our products and services and monitoring outcomes.

  d. We have a legal or regulatory obligation to use such personal information.

  e. We need to use such personal information to establish, exercise or defend our legal rights.

  f. You have provided your consent to our use of your personal information.

• Note that failure to provide your information further to a contractual requirement with us or a clinician may mean that we are unable to set you up as a patient on the Edinburgh Radiology systems.

• For medical audit/research purposes Edinburgh Radiology may process your personal data for the purposes of local clinical audit – i.e. an audit carried out by your direct care team for the purposes of assessing outcomes for patients and identifying improvements which could be made for the future. We are able to do so on the basis of a legitimate interest and the public interest in statistical and scientific research, and with appropriate safeguards in place. You are, however, entitled to object to us using your personal data for this purpose, and as a result of which we would need to stop doing so. If you would like to raise such an objection, then please contact Edinburgh Radiology.

• From time to time, patients may raise queries, or even complaints, with Edinburgh Radiology and we take those communications very seriously. It is important that we resolve such matters fully and properly, and so we will need to use your personal information in order to do so.

• In addition, other healthcare professionals or organisations may need to know about your treatment in order for them to provide you with safe and effective care, and so we may need to share your personal information with them.
  

THE RIGHT TO OBJECT TO OTHER USES OF YOUR PERSONAL DATA

• You have a range of rights in respect of your personal data, as set out in detail from section

• This includes the right to object Edinburgh Radiology using your personal information in a particular way, and we must stop using it in that way unless specific exceptions apply. This includes, for example, if it is necessary to defend a legal claim brought against us, or it is otherwise necessary for the purposes of your ongoing treatment.
  

WHAT MARKETING ACTIVITIES DO WE CARRY OUT?

• We may also use your personal information to provide you with information about products or services which may be of interest to you where you have provided your consent for us to do so.

• If you no longer wish to receive marketing emails sent by us, you can click on the “unsubscribe” link that appears in all of our emails, otherwise you can always contact us directly at Edinburgh Radiology.

• If you no longer wish to receive non-website-based marketing information please contact us directly at Edinburgh Radiology.

• We have put in place appropriate measures to safeguard any information subject to profiling, particularly by ensuring that any information passed onto third party marketing agencies will be in an anonymous form so that you cannot be identified. You also have the right to object to autoprofiling (or challenge the outcome) and can do so by contacting us directly.

HOW LONG DO WE KEEP INFORMATION FOR?

• We will only keep your personal information for as long as reasonably necessary to fulfil the relevant purposes set out in this Privacy Notice in order to comply with our legal and regulatory obligations.

• If you would like further information regarding the periods for which your personal information will be stored, please contact us directly at Edinburgh Radiology.
  

YOUR RIGHTS

• Under the General data protection regulation (GDPR) law you have certain rights in relation to the personal information 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 directly.

• There will not usually be a 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.

• There are some special rules about how these rights apply to health information as set out in the General Data Protection Regulation legislation which regulates the use of personal information.

• 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.
  

YOUR RIGHTS INCLUDE:

• The right to access your personal information

  a. You are usually entitled to a copy of the personal information we hold about you and details about how we use it.

  b. Your information will usually be provided to you in writing, unless otherwise requested. If you have made the request electronically (e.g. by email) the information will be provided to you by electronic means where possible.

  c. Please note that in some cases we may not be able to fully comply with your request, for example if your request involves the personal data of another person and it would not be fair to that person to provide it to you.

  d. You are entitled to the following under the General data protection regulation law.
  

  1. Under Article 15(1) of the GDPR we must usually confirm whether we have personal information about you. If we do hold personal information about you we usually need to explain to you:
  
  i. The purposes for which we use your personal information ii. The types of personal information we hold about you.
  
  iii. Who your personal information has been or will be shared with, including in particular organisations based outside the EEA.
  
  iv. If your personal information leaves the EU, how we make sure that it is protected

  
  v. Where possible, the length of time we expect to hold your personal information. If that is not possible, the criteria we use to determine how long we hold your information for
  
  vi. If the personal data we hold about you was not provided by you, details of the source of the information. vii. Whether we make any decisions about you solely by computer and if so details of how those decision is made and the impact they may have on you
  
  viii. Your right to ask us to amend or delete your personal information.

  
  ix. Your right to ask us to restrict how your personal information is used or to object to our use of your personal information.
  
  x. Your right to complain to the Information Commissioner’s Office.
  

  2. We also need to provide you with a copy of your personal data.

  The right to rectification

  a. We take reasonable steps to ensure that the information we hold about you is accurate and complete. However, if you do not believe this is the case, you can ask us to update or amend it.
  

  The right to erasure (also known as the right to be forgotten)

  
  a. We may update this Privacy Notice from time to time to ensure that it remains accurate, and the most up-to-date version can always be found on our website. In the event that there are any material changes to the manner in which your personal information is to be used then we will provide you with an updated copy of this Privacy Notice.

  b. In some circumstances, you have the right to request that we delete the personal information we hold about you. However, there are exceptions to this right and in certain circumstances we can refuse to delete the information in question. In particular, for example, we do not have to comply with your request if it is necessary to keep your information in order to perform tasks which are in the public interest, including public health, or for the purposes of establishing, exercise or defending legal claims.
  
  The right to restriction of processing
  

  a. In some circumstances, we must “pause” our use of your personal data if you ask us to. We do not have to comply with all requests to restrict our use of your personal information. In particular, for example, we do not have to comply with your request if it is necessary to keep your information in order to perform tasks which are in the public interest, including public health, or for the purposes of establishing, exercise or defending legal claims.
  

  The right to data portability
  

  a. In some circumstances, we must transfer personal information that you have provided to us to you or (if this is technically feasible another individual/ organisation of your choice). The information must be transferred in an electronic format. The right to object to marketing.

  b. You can ask us to stop sending you marketing messages at any time and we must comply with your request. You can do this by contacting Edinburgh Radiology directly.

  The right to withdraw consent

  a. In some cases we need your consent in order for our use of your personal information to comply with general data protection regulation legislation.

  b. We have explained in section 32 where we rely on your consent in this way. Where we do this, you have the right to withdraw your consent to further use of your personal information. You can do this by contacting Edinburgh Radiology directly.
  
  The right to complain to the Information Commissioner’s Office
  

  a. 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.

  b. More information can be found on the Information Commissioner’s Office website: https://ico.org.uk/

UPDATES TO THIS PRIVACY NOTICE

• We may update this Privacy Notice from time to time to ensure that it remains accurate. In the event that these changes result in any material difference to the manner in which we process your personal data then we will provide you with an updated copy of the Policy.
  

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  This Privacy Notice is available on the website at -www.edinburghradiology/privacynotice