Purpose of privacy notice
The processing of personal data is governed by the General Data Protection Regulation 2016/679 (the GDPR). This legislation will replace current data privacy law, giving more rights to you as an individual and more obligations to organisations holding your personal data.
One of the rights is to be informed, which means you are entitled to receive more information about the way in which your personal information is shared, stored and disseminated.
This means the new privacy notice will make explicit how you can access this information, along with details about the increased rights you have in relation to the information held on you and the legal basis on which it is used.
This new privacy notice comes into effect from 25th May, 2018.
Who am I?
I, Debbie Collins, am the data controller for clients who have acupuncture, counselling or supervision with me. I work from The Clarendon Centre, 52-54 Regent Street, Leamington Spa, CV32 5EG. Being the “data controller” means I decide how your personal data is processed, for what purpose, and ensure the highest standard is employed to protect your personal data.
Whose information does this privacy notice apply to?
This privacy notice applies to information collected from:
• prospective clients;
• former clients;
• people who subscribe to any future newsletters;
• visitors to the website;
What is personal data?
Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. Examples of personal data include your contact and appointment details.
Special category data is a sub-category of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, the procession of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Examples of special category data held about you include your notes.
How do I process your personal data?
I comply with the obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely when I am no longer required by law to retain it; by not collecting or keeping excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data. I use your personal data for the purposes set out below.
Sections 1 – 16 apply to our clients, prospective clients, former clients and visitors to the clinic.
1. I use your name, address, telephone number, mobile telephone number and email address to make and rearrange appointments. I am currently unable to send or receive encrypted e-mails so you should be aware that any emails that I send or receive may not be protected in transit. I will also monitor any emails sent to me, including file attachments, for viruses or malicious software. Please be aware that you have a responsibility to ensure that any e-mail you send to me is within the bounds of the law.
2. I use your name, address, telephone number, mobile telephone number and e-mail address, only if I have your explicit consent, to send you marketing materials.
3. I keep a permanent attendance register which records all appointments for clients attending the clinic and any treatments given, for tax purposes and to secure potential evidence in the event of a criminal prosecution, civil litigation, insurance claim or complaint to my regulatory body, the British Acupuncture Council.
4. I may use your date of birth to help identify clients with the same name to avoid mistakes being made as to safe and appropriate treatment, for identification purposes if referring a client to another health practitioner, and for identification purposes if writing to a registered medical practitioner so that they correctly identify the client.
5. I use your presenting complaint and symptoms reported by you for the purposes of making a full traditional acupuncture diagnosis, formulating treatment strategies and treatment planning, and to plan our work together.
6. I also use any relevant medical and family history you have given for making a full traditional acupuncture diagnosis, formulating treatment strategies and treatment planning.
7. I use your GP’s name and address in the event that I need to contact your GP including in an emergency and because it is a mandatory requirement in the British Acupuncture Code of Professional Conduct.
8. I use the clinical findings about your health and wellbeing for making a full traditional acupuncture diagnosis and to formulate treatment strategies and for treatment planning.
9. I keep a record, and refer to that record, of any treatment given and details of progress of your case, including reviews of treatment planning to enable me to: review the traditional acupuncture diagnosis findings, review treatment strategies and planning and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.
10. I record and use any information and advice that I have been given, especially when referring clients to any other health professional, to help you to receive the most appropriate treatment and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.
11. I record any decisions made in conjunction with you to help you to receive the most appropriate treatment and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.
12. I keep accident and incident records for any clients, visitors or professional colleagues who are involved in accidents or incidents at the clinic in accordance with UK Health and Safety legislation including the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) to comply with the law and to secure evidence in the event of criminal proceedings, civil litigation, an insurance claim or complaint.
13. In the event of an adverse incident occurring to any acupuncture clients I would report the matter to the British Acupuncture Council (BAcC) and the organisation’s insurance company to enable the insurance company to deal with any potential claims and to help the British Acupuncture Council to develop its safe practice guidelines, as well as providing research data and information for the BAcC’s insurers and other interested parties.
14. Where relevant I maintain records of the client’s consent to treatment, or the consent of next-of-kin in order to be able to prove that the client (and/or parent/guardian/next of kin) has given informed consent to treatment to secure evidence in the event of a civil claim, criminal prosecution, insurance claim or complaint.
15. I ask for the name and telephone number of a contingency contact person should an incident occur where I deem it necessary to make contact should an incident occur.
16. Client names and e-mail addresses are stored on paper notes and/or my personal computer when communication has happened in that way.
17. Any clinical notes pertaining a client’s medical history are kept as paper files. These are stored in a locked filing cabinet either at The Clarendon Centre, or when the therapeutic relationship has ended in locked filing boxes at my home. When notes are transported between premises they are in the locked boot of my car.
Section 17 applies to those who complain about our services
18. When I receive a complaint from a person I make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint.
I will only use the personal information I collect to process the complaint and to check on the level of service that I provide. I would usually be expected to disclose the complainant’s identity to whoever the complaint is about. If a complainant doesn’t want information identifying themselves to be disclosed, I will do all possible to respect that, and, it may not be possible to handle a complaint on an anonymous basis. I may need to provide personal information collected and processed in relation to complaints to the British Acupuncture Council or our insurance company.
I will keep personal information contained in complaint files in line with our retention policy. This means that information relating to a complaint will be retained for two years from closure. It will be retained in a secure environment and access to it will be restricted according to the ‘need to know’ principle.
Similarly, where enquiries are submitted to me I will only use the information supplied to deal with the enquiry and any subsequent issues and to check on the level of service I provide.
Sharing your personal data
Your personal data will be treated as strictly confidential, and will be shared:
• with named third parties with your explicit consent;
• with the relevant authority such as the police or a court, if necessary for compliance with a legal obligation to which I am subject e.g. a court order;
• with your doctor or the police if necessary to protect yours or another person’s life;
• with the police or a local authority for the purpose of safeguarding children or vulnerable adults; or
• with my regulatory bodies, the British Acupuncture Council, and the British Association for Counselling and Psychotherapy, or my insurance company in the event of a complaint or insurance claim being brought against me; or
• my solicitor or legal representative in the event of any investigation or legal proceedings being brought against me.
For further details about the situations when information about you might be shared please see the Information Commissioner’s website at https://ico.org.uk/for-the-public/personal-information/sharing-my-info/
How long do I keep your personal data?
I keep your personal data for no longer than reasonably necessary.
I keep client records for a period of 7 years in accordance with the British Acupuncture Code of Professional Conduct https://www.acupuncture.org.uk/public-content/effective-practice/bacc-professional-codes.html
I keep a limited amount of personal data (first name, surname and telephone numbers) in a card index.
I use a manual system to identify when individual records are greater than seven years old and personally incinerate any paper records or contemporaneous notes from treatment sessions at that time.
I keep personal data (your telephone numbers) stored on my mobile telephone. This device is password protected. This data will be permanently deleted if it becomes obsolete for a period greater than seven years.
There is a clause in my will to instruct that all notes be passed to the relevant supervisor in the event of my death.
At any time you may request that changes are made to your contact details.
Your rights and your personal data
Unless subject to an exemption under the GDPR, you have certain rights with respect to your personal data as set out below.
• The right to request a copy of the personal data I hold about you.
• The right to request that I correct any personal data if it is found to be inaccurate or out of date.
• The right to request your personal data is erased where it is no longer necessary for me to retain such data.
• The right to withdraw your consent to the processing at any time. This right does not apply where I am involved in the processing of information using a lawful purpose other than consent.
• The right to request that I provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable) [This right only applies where the processing is based on consent or is necessary for the performance of a contract with you and in either case I am processing the data by automated means].
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing.
• The right to object to the processing of personal data, (where applicable) [This right only applies where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics].
• The right to be informed if your data is lost. I shall also inform the Information Commissioner’s Office in accordance with the time limits in the GDPR.
• The right to lodge a complaint with the Information Commissioner’s Office.
For further details about these rights please see the Information Commissioner’s website at https://ico.org.uk/for-the-public/is-my-information-being-handled-correctly/
If I wish to use your personal data for a new purpose, not covered by this Privacy Notice, then I will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, I will seek your prior consent to the new processing.
To exercise all relevant rights, queries of complaints please in the first instance contact me via e-mail using the address:firstname.lastname@example.org or by telephone: 07960 040985
You may contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.
END OF PRIVACY NOTICE