DPO Support Service Recognising Individuals Rights and Requests

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DPO Support Service Recognising Individuals Rights and Requests at a GP Practice Last updated

DPO Support Service Recognising Individuals Rights and Requests at a GP Practice Last updated 30/12/2019 DPO Support Service

Welcome! Please click ‘Next’ at the bottom of the screen to move to the

Welcome! Please click ‘Next’ at the bottom of the screen to move to the next page. When you think you know the answer click on the answer to reveal if you are right or wrong. If you see underlined writing then hover or click on it to read more information. Next

What right requires clear information regarding what the practice does with a patients personal

What right requires clear information regarding what the practice does with a patients personal data? A patients right to be informed A patients right of access A patients right to erasure Next

What right gives patients the right to stop their personal information being used? A

What right gives patients the right to stop their personal information being used? A patients right to rectification A patients right to data portability A patients right to object Next

What right gives patients the right to request their medical notes? A patients right

What right gives patients the right to request their medical notes? A patients right of access A patients right to rectification A patients right to erasure Next

What request involves: A 30 day time frame Redaction of 3 rd party information

What request involves: A 30 day time frame Redaction of 3 rd party information Can change a ‘Reasonable fee’ if the request is deemed excessive Can be made verbally or in writing Subject Access Request Or Medical Access Report Next

Subject Access Request A Subject Access Request can be made via email, in person

Subject Access Request A Subject Access Request can be made via email, in person or verbally. It would be good practice to have a robust recording system in place to keep track of these requests. From the date of the request your practice has 30 days to complete the SAR. If you need to further clarify the request the date can be delayed until clarification is sought. The request can extend up to two months, but this must be documented and the reasons given to the requestor. Third parties such as solicitors can ask for access, but only with written consent from the patient or a court order. Next

What request involves: Keeping a copy of the request for a minimum of 6

What request involves: Keeping a copy of the request for a minimum of 6 months Patient can request to view during 6 month period Charging a reasonable fee Deceased Notes Request Or Medical Access Report Next

Medical Access Report A reasonable fee, taking into account hours spent on the report,

Medical Access Report A reasonable fee, taking into account hours spent on the report, can be charged for a Medical Access Report as it is an interpretation of a patients medical notes, instead of a copy. If the report is being sent to a patients employer etc the patient can request to look at the report before or after it is sent. Next

What request involves: 40 calendar days to fulfil the request The request is usually

What request involves: 40 calendar days to fulfil the request The request is usually made by a legal representative/ executor A specific time frame / clinical episode needs to be requested Deceased Record Request Or Subject Access Request Next

Requesting Deceased Patient’s Notes GDPR does not apply to deceased patients notes, but Duty

Requesting Deceased Patient’s Notes GDPR does not apply to deceased patients notes, but Duty of Confidentially does. If your Practice still has the deceased patients notes when the request is made then it is your responsibility to fulfil the request. The request should only be for a specific clinical episode / time period relating to the claim / issue that the notes are being requested for. If the request isn’t specific contact the requestor for more information. If the notes have already been sent to shared services, along with a print out of the electronic information that was held at your practice, then please direct the requestor to Shared Services. Where they can request the deceased notes. Next

Thank you for taking this short quiz, we hope this has helped you and

Thank you for taking this short quiz, we hope this has helped you and your Practice feel more confident when discussing requests and rights with each other and with patients. If you have any further questions please either contact the DPO Service: NWISGMPDPO@wales. nhs. uk or look in the subscribers area of the webpage for further learning materials and guides.