Notification The Data Protection Act 1998 requires organisations to lodge a notification with the Information Commissioner to describe the purposes for which they process personal information. This information is publicly available at the Information Commissioners Office at: Wycliffe House, Water Lane Wilmslow, Cheshire, SK9 5AF Telephone: 01625 545745 Fax: 01625 524510 www.ico.org.uk Who is the Data Controller? The Data Controller, responsible for keeping your information confidential is: Manchester Mental Health and Social Care Trust Chorlton House, 70 Manchester Road, Chorlton-cum-Hardy Manchester, M21 9UN Email [email protected] Phone 0161 882 1081 If you have a concern or complaint or would like information about Trust services, contact the Patient Advice and Liaison Service on 0161 882 2084/5 or by email at [email protected] Your health information, confidentiality and how to access your records If you need to have this information translated into another language please contact the Mental Health Linkwork Scheme on 0161 276 5269 or e-mail [email protected]. If you require it in larger print, Braille, audio or other formats please contact the Communications Team on 0161 882 1093 or email [email protected] www.mhsc.nhs.uk Version 4 Revised Date: January 2014 Version 3 Review date: January 2016 Where People Matter Most Access to your Records If you would like to have access to your records please apply in writing to the relevant site: North & Central South Introduction By law everyone working for or on behalf of the NHS must respect your confidentiality and keep all information about you secure. Social Care & Community Services e.g . All health and social care records, whether electronic or paper records, are private and personal, and the process of accessing and storing your information must be secure. Primary Care Mental Health You have a right to expect your health information to be kept private. You also have rights to confidentiality under data protection, human rights legislation and the common law. Staff must not pass on information about you without your permission except to others involved in your care and others who may need to see your information. Page 1 HMP Manchester Page 10 Page10 Medico Legal Clerk Park House North Manchester General Hospital Delauneys Road, Crumpsall Manchester, M8 5RB Medico Legal Clerk Laureate House Wythenshawe Hospital Southmoor Road Crumpsall Manchester, M23 9LT Information Governance Chorlton House 70 Manchester Road Chorlton Manchester, M21 9UN Head of Healthcare Healthcare Unit HMP Manchester 1 Southall Street Manchester, M60 9AH  Notes about your health conditions and details and reports about your treatment and care  Details of your care plans and assessments  Dates and times of appointments and contacts you have had with your consultant and or other clinician or care worker in the Trust How do you apply? To apply for access to your records, you have to apply in writing giving your name, address, date of birth and, if you have it, your NHS number. We may also ask you for some proof of identification to verifiy your identity. What will it cost?  Your care records may also include other details you have told a clinician (for example, about your family or work) but only if this is relevant to your care.  Relevant information from people who care for you and know you well such as health professionals and relatives. For providing copies of any paper records you may be charged a fee, depending on the work involved, up to a maximum of £50. For providing copies of your computer records, the fee would be £10. For supervised viewing of your records the fee is £10. For copies of your social care records the fee is £10.  Mental Health Act information How long will it take? How do we use your information? The people caring for you use your information to provide treatment, check the quality of your care, and help you to make good decisions about your health and to investigate complaints. If you agree we can keep your relatives, carer and friends up to date with the progress of your treatment. We also sometimes use your information more generally to: We will endeavour to provide a copy of your records within 21 days from:  Receipt of your request in writing; and  Verification of your identity; and  Payment of any fee; and  Location of your records How will your records be shown to you?  Check the quality of care we provide to everyone, e.g. clinical audit, National Patient Surveys;  Protect the health of the general public;  Monitor how we spend public money;  Plan and manage the health service; If you are given access, where possible and if you agree your care professional will arrange to meet with you to go through the records you have requested access to. Otherwise you will be sent a photocopy of the relevant parts of your care record by post. If you require an explanation of any terms or abbreviations which are not clear to you, or entries which are difficult to read, then you may request an appointment with a member of staff to have these explained.  Train health care workers; and Can I change my records?  Carry out research If we use your information for these reasons, we normally remove your name and other details which could identify you. If we need the information in a form that identifies you, we usually ask your consent first. Page 3 You will not be able to change the information other people write in your records. However, if you think your record is inaccurate, you can ask the person treating you to correct any mistakes. We may not be able to accept some corrections, but a note stating why you think the information is inaccurate or why you disagree with it will be added to your records. You will be sent a copy free of charge. Page 8 What shall I do if my details change? Answers to your questions It is important that you tell the person treating you if any of your details such as your name or address have changed or if the date of birth that we have for you is incorrect. This leaflet is a guide to the information we hold about you and how we use that information. It answers the following questions: Are there any situations where you will keep information in my records from me? You usually have the right to see everything in your records. However, in special circumstances, a care professional may keep information from you. There are very limited reasons for doing this.  What information is in your care records?  How do we use your information?  What measures are in place to keep your information safe and confidential?  Who can get access to your information?  How to access your records? We may keep information from you if:  We think seeing your information is likely to cause you or someone else serious harm to your or their physical or mental health;  We have been given the information in confidence by someone other than yourself (for example, information a member of your family has given us and asked us not to tell you).  You are applying on behalf of someone who is no longer capable of managing their own affairs or for records of a deceased patient who originally gave the information on the understanding that it would not be revealed later. A care professional may also keep certain information from you until you can discuss it together, for example, a test result. Copying Letters to Patients Patients have a right to a copy of any letter written about them from one healthcare professional to another. If you would like to receive a copy of your letter inform the person treating you. You also have a right to be provided with a copy of your care-plan if you do not receive this then please speak to your care co-ordinatoor. Why do we keep information about you? The staff caring for you keep records about your health and any treatment and care you receive from the NHS. We ask you to give information about yourself so that we can ensure you receive the best possible care and treatment. These records may be in paper or electronic form. If they are electronic they will be held on a Trust System – Amigos, iPM (Lorenzo) SystmOne etc. The information we keep may include:  Basic details such as name, address, date of birth, next of kin,  Your contact details (telephone number, email, fax)  Details of those involved with your care including your GP  Details of your carer Freedom of Information Act 2000 If you want any information about the organisation, which is not personal data, please ask a member of staff or write to us. Page 9 Page 2 The care team looking after you, may include care professionals from outside theTrust, and these staff must still meet all our conditions for keeping your information confidential and secure. If we find that someone inappropriately accessed your information, we will tell you, and where appropriate take disciplinary action. This could include dismissing the person who had access your record. Can I give other people outside the NHS access to my records? When might you use information that identifies me without asking my permission? In very limited circumstances, the law allows us to use your information without asking you first in order to improve public health. In other very limited situations, we may need to (by law) give out information about you without your permission. In all cases, we will only provide the information needed. Wherever possible, we will tell you. For example, we may need to:  tell authorities about the birth of a child;  report food-poisoning cases to authorities; If you want to give someone access to your records in this way, you should discuss it with a care professional first. They can advise the best way to do this so that you control your own information and keep it confidential.  inform an independent Mental Health Advocate in order to provide help to an eligible patient where the patient is unable to give consent due to lack of capacity You can also ask the Trust to provide information to other people. For example, this could be to your solicitor, or a medical insurer to help you apply for insurance. We need your permission to do this.  report some infectious diseases;  provide information to be used in court; and How do I get access to my records?  give information to the police to help detect or prevent a serious crime. You have the right of access to the information we hold about you on our records, although there are some exceptions.  disclose information where there is a serious risk to the health and safety of yourself or others. For example, serious risks to children or vulnerable adults. With your consent we can give a family member, friend or carer access to your care records to help them care for you. It is good practice for us to show you your records and explain them if necessary. You could begin by asking the person treating you if you could see your records and if they could go through them with you. We would only not show you your records if the care professional treating you feels that it would harm you or someone else if you saw them. If you require a copy of your notes, you can apply in writing as set out below. Who can apply? You can apply to see your own records, but you can also apply:  To see the records of a patient who has died, if you are acting as their personal representative.  On behalf of someone who is not capable of giving permission because of age or illness. However, you would have to be appointed by a court to do this. Page 7 Information cannot be given to your employer without your permission. What if you do not want your personal information to be shared? Inform the care professional you are seeing and make it clear that you do not want your information to be shared. We will not disclose your information to third parties without your permission unless there are exceptional circumstances such as when the health and safety of others is at risk or if the law requires it. Your clinician will discuss with you the implications and any risks of not sharing your information and how this may affect your care. For example, this could mean that you would not have any of the benefits of having essential information about your care available out-of-hours, or in an emergency Page 4 Research The Trust is one of the largest mental health research centres in the country and is supported by The National Institute of Health Research to undertake high quality research so that our service users can have quicker access to new and better treatments. Part of that support, is through the employment of Clinical Studies Officers who work with clinical care teams to ensure that all the people that use our services find out about any research opportunities that may be available to them and are given the choice of participating if they should wish to do so. If we identify any research project that you may benefit from we will ask your permission before any confidential information is shared. Who do we share your information with? Keeping your information secure and confidential We may share information with the following main partner organisations: By law everyone working for or on behalf of the NHS must respect your confidentiality and keep all information about you secure.         NHS hospital Trusts and other care providers General Practitioners (GPs) Ambulance Services Clinical Commissioning Groups NHS England NHS Commissioning Support Units Health & Social Care Information Centre (HSCIC) External organisations providing healthcare services to the NHS We may also share your information with:       Social Services Education Services Local Authorities Voluntary Sector Providers Private Sector Providers Police and Judicial Services We may also use external companies to process personal information, such as for archiving purposes. These companies are bound by contractual agreements to ensure information is kept confidential and secure. Page 5 We will not disclose your information to third parties without your permission unless there are exceptional circumstances such as when the health and safety of others is at risk or if the law requires it. The Trust electronic records systems have security measures for handling your information. These measures make sure that we store your information safely, that it stays private and that only staff with authorisation have access and that they use the system appropriately. In every place we treat you, there are people who are responsible for making sure your details are kept confidential. They are sometimes known as Caldicott Guardians. How will you control access to my records? Anyone who has access to your care records must be involved in your care or involved in the investigating of serious incidents and complaints In addition if using a Trust computer information system staff:  Must have a username and a pass code  Only have access rights to the system dependent on their job role  Will automatically have their details recorded, who they are and what they did on the system (you can ask to see this) Page 6