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Your rights

What is the patient opt-out?Complaints or questionsSubject Access Requests | Confidentiality Advice and Support

You have certain legal rights, including a right to have your information processed fairly and lawfully and a right to access any personal confidential data we hold about you.

You have the right to privacy and to expect the NHS to keep your information confidential and secure.

You also have a right to request that your confidential information is not used beyond your own care and treatment and to have your objections considered.

These are commitments set out in the NHS Constitution, for further information please visit: https://www.gov.uk/government/publications/the-nhs-constitution-for-england

You have the right to withdraw consent to us sharing your personal information if you do not wish us to process or share your information.

If you do not agree to certain information being processed or shared with us, or by us, or have any concern, then please let us know. We may need to explain the possible impact this could have on our ability to help you and discuss the alternative arrangements that are available to you.

You have the right to refuse/withdraw consent to information sharing at any time. The possible consequences can be fully explained to you and could include delays in receiving care. If you wish to discuss withdrawing consent please contact CCG’s patient services at this email address: patient.services@oxfordshireccg.nhs.uk and by free telephone: 0800 052 6088.

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What is the patient opt-out?

The NHS Constitution states “You have the right to request that your confidential information is not used beyond your own care and treatment and to have your objections considered”.

There are several forms of opt- outs available at different levels. These include for example:

  1. Information directly collected by the CCG
  2. Information not directly collected by the CCG, but collected by organisations that provide NHS service

There are 2 types of opt-outs:

  • A type 1 opt-out prevents information being shared outside a GP Practice for purposes other than direct care.
  • A type 2 opt-out prevents information being shared outside of NHS Digital for purposes beyond direct care.

Your choices can be exercised by withdrawing your consent for the sharing of information that identifies you, unless there is no overriding legal obligation.

Type 1 opt-out

If you do not want personal confidential data information that identifies you to be shared outside your GP practice, for purposes beyond your direct care, you can register a ‘Type 1 opt-out’ with your GP practice. This prevents your personal confidential information from being used other than in particular circumstances required by law, such as a public health emergency like an outbreak of a pandemic disease.

Patients are only able to register the opt-out at their GP practice.

Records for patients who have registered a ‘Type 1 opt-out’ will be identified using a particular code that will be applied to your medical records that will stop your records from being shared outside of your GP Practice.

Type 2 opt – out

NHS Digital (formerly known as The Health and Social Care Information Centre (HSCIC)) collects information from a range of places where people receive care, such as hospitals and community services.

To support those NHS constitutional rights, patients within England are able to opt out of their personal confidential data being shared by NHS Digital for purposes other than their own direct care, this is known as a ‘Type 2 opt-out’

If you do not want your personal confidential information to be shared outside of NHS Digital, for purposes other than for your direct care, you can register a ‘Type 2 opt-out’ with your GP practice.

There may be occasions when it is not possible to exercise your right to “Opt Out”, this will be in situations such as when we have an obligation by law or for the purposes of safeguarding.

It is also important to note that by exercising your right to “Opt Out”, there could be consequences.  These situations will be discussed with you by your GP or by NHS Digital depending on whether you choose Type 1 or Type 2 Opt Out.

Patients are only able to register the opt-out at their GP practice.

Further Information and Support about Type 2 opt-outs:

For further information and support relating to Type 2 opt-outs please contact  NHS Digital contact centre at enquiries@nhsdigital.nhs.uk referencing ‘Type 2 opt-outs – Data requests’ in the subject line; or

Alternatively, call NHS Digital on (0300) 303 5678; or visit the website http://digital.nhs.uk/article/7092/Information-on- type-2-opt-outs

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Complaints or questions

We try to meet the highest standards when collecting and using personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring concerns to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. We would also welcome any suggestions for improving our procedures.

 

To make a complaint, or bring concerns to our attention; please contact us in writing:

Oxfordshire Clinical Commissioning Group

Jubilee House, 5510 John Smith Drive

Oxford Business Park

Oxford OX4 2LH

Freephone: 0800526088

Email: patient.services@oxfordshireccg.nhs.uk

 

The information we will require when you make a complaint will be:

  • Your name, address and contact telephone number and those of the person that you may be complaining for; including their date of birth and NHS number.
  • A summary of what has happened, giving dates where possible.
  • Which organisation provided the care or service.
  • A list of things that you are complaining about.
  • What you would like to happen as a result of your complaint.
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Subject Access Requests

Individuals can find out if we hold any personal information by making a ‘subject access request’ under the Data Protection Act 1998. If we do hold information about you we will:

  • Give you a description of it;
  • Tell you why we are holding it;
  • Tell you who it could be disclosed to; and
  • Let you have a copy of the information in an intelligible

To make a request for any personal information we may hold you need to put the request in writing to:

Oxfordshire Clinical Commissioning Group
Jubilee House, John Smith Drive
Oxford Business Park South
Oxford

OX4 2LH

By e-mail: occg.foi@nhs.net

By telephone: 01865 336800

If we do hold information about you, you can ask us to correct any mistakes by, once again, contacting us at the contact address  below:

Oxfordshire Clinical Commissioning Group
Jubilee House, John Smith Drive
Oxford Business Park South
Oxford

OX4 2LH

By e-mail: occg.foi@nhs.net

By telephone: 01865 336800

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Confidentiality Advice and Support

The CCG has a Caldicott Guardian who is a senior person responsible for protecting the confidentiality of service user and service user information and enabling appropriate and lawful information-sharing.

The contact details of our Caldicott Guardian are as follows:

Sula Wiltshire, Director of Quality and Lead Nurse:  Sula.wilshire@oxfordshireccg.nhs.uk or Tel: 01865 336723

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