Under the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and amendments introduced by the Data (Use and Access) Act, you have a number of rights in relation to your personal information. The availability of some rights depends on the lawful basis relied upon for processing and the purpose for which your information is used. As an NHS Trust, we primarily process personal information to provide health and care services, protect public health, safeguard individuals, meet legal and regulatory obligations, maintain accurate health records, and carry out tasks in the public interest. Because of these obligations, some information rights may be limited or may not apply in all circumstances.
The Data (Use and Access) Act does not remove your information rights. However, it clarifies how organisations should respond to information rights requests and confirms that requests must be handled in a reasonable and proportionate manner. This means organisations are only required to take steps that are reasonable and proportionate in the circumstances and are not required to conduct unlimited searches, create new information, answer general questions, or provide information that they do not hold.
Right to be informed
You have the right to be informed about how we collect, use, share, store and protect your personal information. We meet this obligation through our privacy notices and other information provided at the point your information is collected.
Right of access
You have the right to request confirmation of whether we process your personal information and, where we do, to receive a copy of that information. This is commonly known as a Subject Access Request (SAR).
The right of access applies to personal information held by the Trust. It does not require the Trust to:
- create information that does not already exist
- answer questions or provide explanations
- provide opinions about why events occurred or decisions were made
- obtain information from third parties on your behalf
- reconstruct records that no longer exist
The Trust will undertake reasonable and proportionate searches to locate your personal information. We are not required to undertake unlimited or disproportionate searches across all systems and records where doing so would be unreasonable in the circumstances.
Right to rectification
You have the right to ask us to correct personal information that you believe is inaccurate and to complete information that you believe is incomplete.
Where information represents a professional opinion, clinical judgement, or an accurate record of events at the time it was created, it may not be appropriate to alter the original record. In such circumstances, we may add a note or statement reflecting your concerns where appropriate.
Right to erasure
You have the right to ask us to erase your personal information in certain circumstances.
This right is not absolute. NHS organisations are required to retain many records to comply with legal, regulatory, clinical, safeguarding, audit, public health and records management requirements. As a result, requests to erase health and care records will often be refused where the Trust has a lawful basis or continuing obligation to retain the information.
Right to restrict processing
You have the right to ask us to restrict the use of your personal information in certain circumstances, for example while the accuracy of information is being reviewed. Where processing is restricted, we may continue to store the information and may continue to process it where permitted or required by law.
Right to object
You have the right to object to the processing of your personal information in certain circumstances. However, where information is processed for the provision of health or social care, the performance of a public task, compliance with a legal obligation, safeguarding purposes, public health functions, or the establishment, exercise or defence of legal claims, the Trust may be entitled or required to continue processing the information despite an objection. Each request will be considered on its individual circumstances.
Right to data portability
You have the right, in certain circumstances, to receive personal information that you have provided to us in a structured, commonly used and machine-readable format, or to request that it is transferred directly to another organisation. This right generally only applies where processing is based on your consent or is necessary for a contract with you and is carried out by automated means. As most NHS Trust processing is undertaken under statutory powers, public task functions, legal obligations, or health and social care provisions, this right will rarely apply to clinical records.
Rights relating to automated decision-making
You have rights in relation to decisions made solely by automated means, including profiling. The Trust does not routinely make decisions about individuals based solely on automated processing without meaningful human involvement. If this changes, further information will be provided in the relevant privacy notice.
Exercising your rights
We will respond without undue delay and, in most cases, within 1 calendar month of receiving your request. Where a request is particularly complex, or where multiple requests have been made, we may extend this period by up to a further 2 months and will inform you if an extension is required.
Under the UK GDPR, the Data Protection Act 2018 and amendments introduced by the Data (Use and Access) Act, the Trust is required to respond to requests in a reasonable and proportionate manner. We will make reasonable and proportionate efforts to locate, review and provide relevant personal information but are not required to undertake disproportionate searches or activities that go beyond our legal obligations.
You will not normally be charged for exercising your information rights. However iIn some circumstances, the Trust may refuse a request or charge a reasonable fee. This may apply where a request is manifestly unfounded or excessive, including where requests are repetitive, overlap substantially with previous requests, are intended to cause disruption, or would require disproportionate resources to fulfil. Where a fee is charged, it will be limited to the administrative costs of locating, retrieving, reviewing, redacting, copying and providing the information, or otherwise dealing with the request.
If we decide to refuse a request, apply an exemption, or charge a fee, we will explain our decision and advise you of your right to complain to the Information Commission and to seek a judicial remedy.
To request copies of your records , email our Subject Access Request Team.
For all other requests, email our Information Governance Team.