- New Cross Hospital, Wolverhampton
- Sandwell Hospital, West Bromwich
- City Hospital, Birmingham
- Russell’s Hall Hospital, Dudley
- Walsall Manor Hospital, Walsall
- Walsall Healthcare NHS Trust
- Dudley Group NHS Foundation Trust
- Sandwell and West Birmingham NHS Trust
- The Laboratory Information Management systems
- The electronic order communication systems
- Scientific analyser equipment and interfaces
- Digital pathology systems
- Electonic communications e.g. emails
- Regional Digital Pathology System
What information do we collect about you?
To ensure that we are able to complete the tests requested we have to gather certain information which may either directly affect the way we perform the tests or which we require to ensure the result is transmitted back to your clinical record.
For example, sex is a key influence on some tests that we are asked to carry out.
The information that we collect about you may include the following:- name, NHS number, other unique hospital or care identifiers address, telephone, email, date of birth and sex
- details needed to undertake pathology testing including information relating to your treatment, notes and reports about your health, including medications, allergies or health conditions
- results of pathology tests including blood test, microbiology tests and cellular pathology tests.
- We may also collect other information about you, such as your ethnithcity.
- Digital pathology images (whole slide images and associated data)
Test results are then used to support the delivery of your treatment or for Public Health purposes such as complying with the COVID pandemic statutory requirements.
We must keep records of the testing undertaken and the results of those tests in line with the NHS Records Management Code of Practice 2020.
How do we use this and what is the legal basis?
Information is processed to support clinicians provide direct care for their patients. This would also include:-- preventive or occupational medicine,
- the assessment of the working capacity of an employee,
- medical diagnosis,
- the provision of health care or treatment
- local clinical audit
Additionally Information is captured and provided directly to Public Health England - Processing that is necessary for reasons of public interest in the area of public health, and is carried out (i) by or under the responsibility of a health professional, or (ii) by another person who in the circumstances owes a duty of confidentiality under an enactment or rule of law.
The legal basis for these uses are covered under:
GDPR Article 6 Condition for personal data- 6(1)(e) ‘...for the performance of a task carried out in the public interest or in the exercise of official authority...’
- 6(1)(c) ‘...necessary for compliance with a legal obligation...
- 9(2)(h) ‘...medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems...’
- 9(2)(j) ‘...necessary for reasons of public interest in the area of public health…or ensuring high
- standards of quality and safety of health care and of medicinal products or medical devices...
- Information may also be collected in our systems for any research projects that you participate in covered by:
- 9(2)(j) ‘...scientific or historical research purposes or statistical purposes in accordance with Article
89(1) based on Union or member State law which shall be proportionate…and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject...’
Who do we share your information with?
General Pathology
Information is provided by clinicians requiring Pathology testing of samples who provide information in the form or test requests which are sent with the sample to be teste. These are recorded either electronically into LIMs via an electronic order
communications system or is manually input by BCPS staff into LIMs when the sample arrives at the lab with the paper request form.
Results are then sent back to the requester either in return via the electronic system or as paper or PDF email results. Where results are emailed, they are only sent to secure encrypted NHS.net email addresses.
Results are also made available for view on your health record at other Trusts which have access to the Openet Group used by:- Royal Wolverhampton NHS Trust
- Walsall Healthcare NHS Trust
- Dudley Group NHS Foundation Trust
- Sandwell and West Birmingham NHS Trust
Our system suppliers are also able to access these records as required for providing support but your information will not routinely be shared with them.
Digital Pathology
Digital images captured as part of Cellular Pathology testing will be shared with the Lead digital laboratories within the West Midlands. Further information explaining the Digital Pathology purposes and data sharing groups can be found at
West Midlands Cancer Alliance.
Who and where do we obtain your information from?
Information can be collected from:- your GP or other clinician
- directly from you if you use direct order tests
- from one system to another
These may be transmitted via electronic interfaces or sent to us on paper forms.
What rights do I have in relation to my information?
Below is a list of the rights you have in relation to your data and when they apply. To make an application for any of the below rights please contact the Health Records Access Team rwh-tr.healthrecordsaccess@nhs.net in the first instance. All rights should be considered within 30 calendar days from date of receipt, but may be extended if complex.
The Right of Access
You have the right to request a copy of any information held by the Trust as well as any supplementary information. See How do I request my information? for details on how to request your information.
The Right to be Informed
You have the right to be Informed about the collection and the use of their personal data
Right to Rectification
If you believe your information may be inaccurate or incomplete you can make a request to have it rectified, or completed, if it is incomplete.
The Right to Data Portability
The right to data portability allows the data subject to obtain and reuse their personal data for their own purposes across different services
Rights relating to Automated Decision Making and Profiling
Profiling is automated processing of personal data to evaluate certain things about an individual where decisions may be made solely by an automated means without any human involvement usually via a computer algorithm or formula.
National Data Opt Out: How we use your information for purposes in addition to your individual care
RWT is working in the health and care system to improve care for patients and the public.
Whenever you use a health or care service, such as attending Accident & Emergency or using Community Care services, important information about you is collected in a patient record for that service. Collecting this information helps to ensure you get the best possible care and treatment.
The information collected about you when you use these services can also be used and provided to other organisations for purposes beyond your individual care, for instance to help with:- improving the quality and standards of care provided
- research into the development of new treatments
- preventing illness and diseases
- monitoring safety
- planning services
This may only take place when there is a clear legal basis to use this information. All these uses help to provide better health and care for you, your family and future generations. Confidential patient information about your health and care is only used like this where allowed by law.
Most of the time, anonymised data is used for research and planning so that you cannot be identified in which case your confidential patient information isn’t needed.
You have a choice about whether you want your confidential patient information to be used in this way. If you are happy with this use of information you do not need to do anything. If you do choose to opt out your confidential patient information will still be used to support your individual care. This is called the National Data Opt Out.
To find out more or to register your choice to opt out, please visit www.nhs.uk/your-nhs-data-matters
On this web page you will:- See what is meant by confidential patient information
- Find examples of when confidential patient information is used for individual care and examples of when it is used for purposes beyond individual care
- Find out more about the benefits of sharing data
- Understand more about who uses the data
- Find out how your data is protected
- Be able to access the system to view, set or change your opt-out setting
- Find the contact telephone number if you want to know any more or to set/change your opt-out by phone
- See the situations where the opt-out will not apply
You can also find out more about how patient information is used at:
https://www.hra.nhs.uk/information-about-patients/ (which covers health and care research); and https://understandingpatientdata.org.uk/what-you-need-know (which covers how and why patient information is used, the safeguards and how decisions are made).
You can change your mind about your choice at any time.
Data being used or shared for purposes beyond individual care does not include your data being shared with insurance companies or used for marketing purposes and data would only be used in this way with your specific agreement.
Health and care organisations have until 2020 to put systems and processes in place so they can be compliant with the national data opt-out and apply your choice to any confidential patient information they use or share for purposes beyond your individual care.
Our organisation is currently compliant with the national data opt-out policy.
How do I request my information?
You have a right to see or have copies of any information held by the Trust that relates to you free of charge. We have the right to charge an administration fee in situations where repeated requests are received for the same information or the request is excessive. You will be required to prove your identity when making requests.
Subject Access Requests under GDPR rules (post 25 May 18) will be processed within 30 days. However, once our teams have established the volume of records requested there may be a requirement to extended this up to a further 2 months. We will contact you within 30 days should this be the case.
To request access to health records please complete a Subject Access Request form, link provided below, and forward on to:
Health Records Access Team
Health Records Library
Location B19
New Cross Hospital
Wednesfield Road
Wolverhampton
WV10 0QP
Email: rwh-tr.healthrecordsaccess@nhs.net
Telephone: 01902 307999 Extension 85544/85545/88093
Subject Access Request form (PDF, 171Kb)
Subject Access Request form (Word, 54Kb)
How long is my information kept for?
All our records are destroyed in accordance with the NHS Retention Schedule, which sets out the appropriate length of time each type of NHS records is retained. We do not keep your records for longer than necessary.
All records are destroyed confidentially once their retention period has been met, and the Trust has made the decision that the records are no longer required. For more information please see the Record Management Code for Practice for Health and Social Care 2016, retention schedules
Retention of samples for clinical purposes can be for as long as there is a clinical need to hold the specimen or sample. Reports should be stored on the patient file.
Data retention in our systems is in line with the Royal College of Pathologists and the NHSx Records Management Code of Practice 2020.
The Retention and Storage of Pathological Records and Specimens
If a clinician or patient requests for a record to be deleted this will be assessed in terms of the potential impact to treatment before any “deletion” is considered.
How to make a complaint
If you have any questions about your care or a complaint, please speak to the health professional with your care in the first instance.If this is not resolved to your satisfaction you can contact the Patient Advice and Liaison Service (PALS).
Data Protection Officer (DPO): Raz Edwards
Email:
rwh-tr.IG-Enquiries@nhs.net
Address: New Cross Hospital, Wolverhampton Road, Heath Town, Wolverhampton WV10 0QP
The Data Protection Officer is a point of contact for advice and guidance in relation to your rights. The DPO is responsible for monitoring the Trusts compliance with the Data Protection Act 2018 and the General Data Protection Regulations (GDPR) 2016 as any policies the Trust has in relation to the protection of personal data. The DPO shall perform their duties in an independent manner with due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing.
If you have any concerns about how your information is being processed or any of the rights as detailed above, please contact the Trust in the first instance through:
Health Records Access Team
Health Records Library
Location B19
New Cross Hospital
Wednesfield Road
Wolverhampton
WV10 0QP
Email: rwh-tr.healthrecordsaccess@nhs.net
Telephone: 01902 307999 Extension 85544/85545/88093
You also have a right to complain directly to the Information Commissioner’s Office if you feel the Trust has not responded effectively to any of the above.
Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF
Telephone: 0303 123 1113
Website: https://ico.org.uk
