Your information, what you need to know

This privacy notice explains why we collect information about you, how that information may be used and how it is kept safe and confidential.

Why we collect information about you

Public/Private Client

We collect and hold data for the purpose of providing Mental Capacity Assessment reports for the courts following instructions from you or your solicitors. As part of this process your data may with your consent be used to make recommendations about your future healthcare.

In carrying out these roles we may collect information about you which helps us respond to your queries or access specialist services. We may keep your information in written form and/or in digital form. The records may include basic details about you, such as your name and address. They may also contain more sensitive information about your health and also information contained in the reports of other experts.

Mental Capacity Consult Ltd is the Data Controller in respect of your personal information which we hold about you.  This will mainly relate to your medical treatment or provision of a Mental Capacity Assessment report but will include other information such as financial data in relation to billing.  We must comply with the data protection legislation and relevant guidance when handling your personal information, and so must any secretary, receptionists, who assists us in an administrative capacity.

Details we collect about you

Mental Capacity Consult Ltd provides a report for the court will, with your consent, have access to records about your health and any treatment or care you have received previously (e.g. NHS Trust, GP Surgery, Private Consultant or Occupational Physician). These records are essential to provide you with the best possible healthcare or to provide an accurate report for the court.

The information which Mental Capacity Consult Ltd will hold about you is different depending on the type of assessment requested by you or your Solicitors. At the start of your assessment Mental Capacity Consult Ltd will explain to you the type of information which he will hold about which may include the following:

• Details about you, such as your address and next of kin
• Any contact we have had with you, such as outpatient appointments or Mental Capacity assessment appointments
• Notes and reports about your health
• Details about your treatment and care
• Results of investigations, such as laboratory tests, x-rays, etc.
• Relevant information from other health professionals, relatives or those who care for you
• For claimants, letters of instruction from solicitors and expert reports
• How we keep your information confidential and safe

We are subject to the Common Law Duty of Confidence. Information provided in confidence will only be used for the purposes advised with consent given by the patient, unless there are other circumstances covered by the law. All our staff are expected to make sure information is kept confidential and receive annual training on how to do this.

Health records may be electronic, on paper or a mixture of both, and we use a combination of working practices and technology to ensure that your information is kept confidential and secure. Our records are backed up securely in line with standard procedures. We ensure that the information we hold is kept in secure locations, is protected by appropriate security and access is restricted to authorised personnel.

We also make sure external data processors that support us are legally and contractually bound to operate and prove security arrangements are in place where data that could or does identify a person are processed.

We are committed to protecting your privacy and will only use information collected lawfully in accordance with:

• Data Protection Act 1998
• Human Rights Act
• Common Law Duty of Confidentiality
• Health and Social Care Act 2015

We maintain our duty of confidentiality to you at all times. We will only ever use or pass on information about you if others involved in your care have a genuine need for it, or with your consent. We will not disclose your information to any third party without your permission unless there are exceptional circumstances (i.e. life or death situations), or where the law requires information to be passed on for example following a Mental Capacity Assessment for the court.

Clinical  Audit: information may be used for clinical audit to monitor the quality of the service provided.

Mental Capacity Assessment Clients

Your information is used by us following instructions from solicitors for the purpose of, or in connection with legal proceedings (including prospective proceedings).

Your explicit consent to the processing of your personal data for this purpose is obtained prior to information being shared with us and at the start of your assessment interview.

Invoice Validation for claimants

This process makes sure that payment for your assessment is correct.

Safeguarding for claimants

To ensure that adult and children’s safeguarding matters are managed appropriately, access to identifiable information will be shared in some limited circumstances where it’s legally required for the safety of the individuals concerned.

Data Retention

Your personal information will only be kept for as long as reasonably necessary to fulfil the relevant purposes set out in this Privacy Notice and in order to comply with my legal and regulatory obligations.

If you would like further information regarding the periods for which your personal information will be stored, please contact me for further information. Who do we share data with?

Private/Public Clients

• We may also have to share your information, subject to strict agreements on how it will be
• used, with the following organisations:
• Anyone that you ask me to communicate with or provide as an emergency contact, for example your next of kin or carer
• NHS organisations, NHS England, Department of Health
• Other private sector healthcare providers
• Your GP
• Other clinicians (including their medical secretaries)
• Third parties who assist in the administration of your healthcare, such as insurance companies
• Our regulators, like the Care Quality Commission.
• The police and other third parties where reasonably necessary for the prevention or detection of crime
• Your insurers

We will never share your information outside of our partner organisations without your consent unless there are lawful circumstances such as when the health or safety of others is at risk, where the law requires it or to carry out a statutory function.

Our guiding principle is that we are holding your records in strictest confidence.

Professional Client:

• Legal professionals involved in your case who will have their own privacy policies.
• Other members of support staff involved in your assessment appointment and reports, like receptionists and secretaries
• Anyone that you ask me to communicate with or provide as an emergency contact, for example your next of kin or carer
• The police and other third parties where reasonably necessary for the prevention or detection of crime

Your right to withdraw consent for us to share your personal information

Under data protection 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 me. The right to rectification

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 me to update or amend it.

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

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, exercising or defending legal claims. 

Update

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 at www.swchambers.org.  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.  

Access to your information

Under the Data Protection Act 1998 everybody has the right to see, or have a copy, of data we hold that can identify you, with some exceptions. You do not need to give a reason to see your data.

If you want to access your data you must make the request in writing. Under special circumstances, some information may be withheld. If you wish to have a copy of the information we hold about you, please contact my secretary.

Change of Details

It is important that you tell Mental Capacity Consult Ltd or his secretary if any of your details such as your name or address have changed or if any of your details are incorrect in order for this to be amended. Please inform us of any changes so our records for you are accurate and up to date.

Notification

The Data Protection Act 1998 requires organisations to register a notification with the Information Commissioner to describe the purposes for which they process personal and sensitive information.

Any changes to this notice will be published on our website. Complaints

If you have concerns or are unhappy about any of our services, please contact my secretary. For independent advice about data protection, privacy and data-sharing issues, you can

contact:

The Information Commissioner Wycliffe House Water Lane

Wilmslow

Cheshire SK9 5AF

Phone: 0303 123 1113 Website: www.ico.gov.uk 7