Access to Information

The Freedom of Information (FOI) Act 2000 makes it easier for you to get information about us. This law, which came into force on 1 January 2005, means that anyone, anywhere can ask for any information we hold.

Under the Freedom of Information Act 2000, the South Eastern Health & Social Care Trust is legally committed to providing timely and accessible information to the public and responding to reasonable requests for information.  There are no time limits on how far back you can gain access to information, as long as we hold it on record.

Making an FOI enquiry

All you have to do is submit your request in writing, by letter or email to any member of staff, stating clearly what information you want.

Alternatively, you can make a request directly to the FOI Team who are responsible for dealing with any FOI enquiries that the Trust receives.

Contact details:

Information Governance Department
Lough House
Ards Hospital
Church Street
Newtownards
BT23 4AS

Email: informationgovernance@setrust.hscni.net

Do not forget to provide your contact details so we can reply to your request.

Responding to requests

By law we have to deal with such requests within 20 working days. If you make a request and are not satisfied with the way in which we deal with it you may ask us to review any decision we make. If you wish us to undertake such a review you should write to the Reviewer, The Information Governance Department at the above address.

Any review will normally be under the control and direction of a senior member of staff who had no involvement in the original decision or process.

If you remain dissatisfied at the conclusion of any review you may complain to the Information Commissioner whose address is:

The Information Commissioner’s Office
3rd Floor
14 Cromac Place,
Belfast
BT7 2JB

Advice and Assistance

If you would like any advice or assistance about making a request for information, please contact the Information Governance Department.

Charges and Fees for information

The Freedom of Information Act and the associated Fees Regulations stipulate that we cannot levy a fee for information unless there is a statutory basis for doing so or the amount of time taken to locate the information exceeds 18 hours. However we are allowed to charge for disbursements related to the provision of information and any reformatting requested by the applicant provided we ensure that applicants are aware of any charges which may be made.

If you want any further information about the provision of information or have any difficulty accessing information provided on our website please contact:

Information Governance Department
Lough House
Ards Hospital
Church Street
Newtownards
BT23 4AS

Email:  informationgovernance@setrust.hscni.net

Frequently Asked Questions

How long does it take to get information?
Once a written request for information is received, we have twenty working days to respond – although that time can be extended. We will contact you and explain why we might need to extend the time limit. It is also easier for us to help you access the information requested if you stipulate quite clearly what information you require. Make sure that you provide us with a name, address and contact telephone number.

What happens if the information is not available?
The FOI Act does not require us to gather information that is not already there. But we are required to assist you with your request and will contact you and tell you what information we do hold that might help to answer your enquiry, or we will suggest who you might contact for further help.

What if I am refused information?
We will tell you if information is being withheld and why. We will also advise you who to contact if you are not happy. You can contact the Northern Ireland Information Commissioner but you are required to contact us first to attempt to sort out the matter before contacting the Information Commissioner. The Commissioner will want to see proof of that before getting involved. So do get in touch with us if you are not happy and tell us why you believe we are wrongly withholding information from you. If you are not satisfied with our answer, please contact the Information Commissioner.

Where can I get more information about the FOI Act?
You can get more information about the FOI Act from the Northern Ireland Information Commissioner.

Maintaining the right of confidentiality is important for all Health & Social Care organisations. If you want to ask us for information which we may hold about you personally then this will be dealt with under the Data Protection Act 2018. This would include information relating to health and social care records, employment and training records – anything which is limited to you as a person whether as a patient, employee or partner of any kind.

Find out how we process your information in the links below:

• Fair processing notice leaflet for Service Users
• Fair processing notice leaflet for Service Users- BSL Video
• Fair processing notice leaflet for Children
• Fair processing notice – Body worn video devices
• How we use your information poster for Children
• How we might use your information poster
• Hospital Visiting Fair Processing Notice – July 2020

Making a request for personal information

Under the terms of the Data Protection Act 2018 you are allowed to ask the Trust for “personal data” held about yourself.

If you wish to make an enquiry about data that relates to yourself, then please complete the form entitled ‘Application for Access to Health/Social Care Records’ which can be accessed by clicking here

To make an enquiry for someone deceased please click here.

Responding to requests

When we receive your letter we may be in contact to clarify exactly what information you require and inform you of the charges there may be for supplying it.

You will be asked to send us proof of identity – a copy of a formal document or bill with your name and address on it or your driving licence or passport.

Once we have received all the necessary documentation we have one month under the Data Protection Act 2018 to provide the information requested – in exceptional circumstances some requests may require an additional two months to complete.  If information is withheld we will tell you why we are unable to disclose it.

If you are unhappy with any aspect of the way in which we deal with your request, you may complain to:

Trust’s Complaints Department, Information Commissioner or, if you feel we have failed to disclose information without good reason you may apply to a Court for disclosure.

In order to comply with the Freedom of Information Act 2000 public sector organisations such as the South Eastern Health & Social Care Trust have to routinely publish information whenever possible.

We make this information available here on our website.  In order to help you find the information you require, it has been categorised into the seven categories in the dropdown menu above.  This is called a Publication Scheme. Members of the public who wish to make a formal request to the Trust under the Freedom of Information Act are advised to consult the Publication Scheme in the first instance for information that is already publicly available.

The seven categories or classes of the Publication Scheme were defined by the Information Commissioner, who is responsible for monitoring and enforcing compliance with the Freedom of Information Act 2000. The Information Commissioner’s Definition document for NHS organisations sets out in some detail the information which is expected in each category.

Accessing information which is not included in the Publication Scheme

The Trust is committed to routinely publishing as much information as possible; however if there is information you want which is not available on our website, you may ask the Trust for it in accordance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

Requests for information should be emailed to: informationgovernance@setrust.hscni.net

NIPACS+ Privacy Notice V1.0

NIPACS+ Privacy Notice Shortened Version

In order for South Eastern Health & Social Care Trust to help provide a service for you we need to know some information about you. Personal information that we process about you is governed by Data Protection legislation.

We only collect the information we need to. This will include your name, address, date of birth, contact details and relevant health and social care history; this may include information for the purposes of financial assessments. We may need to collect information about you from other people, for example, your family, carers, other health professionals, or if necessary, other external agencies.

Health and Social Care Staff involved in your treatment and care may also collect information from other health professionals and organisations in line with legislation and data sharing requirements.  This could include:

• Your GP
• Community Pharmacists
• Government Agencies – Police service of Northern Ireland (PSNI, Probation Board Northern Ireland (PBNI), Northern Ireland Housing Executive (NIHE), NI Prison Service
• Commissioned Services – Nursing Homes, Residential Homes, Charities

This list is not exhaustive.

Information you provide to us is recorded in your personal paper file and also on our computer systems. This can include information you provide in person, on an official form (either online or in paper form) by telephone, or by information recorded on CCTV cameras (Including body worn cameras) that operate within the Trust.

We collect this information to assist and treat you and plan healthcare services for you. Other reasons your information may be used include:

• To communicate with you by post, email, phone or text. This is to provide information about your appointments and ongoing care eg. Texts to remind you about your appointment date and time. Should you wish to opt out of reminder texts then please contact the relevant booking office or inform the receptionists when you attend the clinic.
• Helping to review the care given to you to ensure it is of the         highest standard. This is done through internal audits, service user/carer feedback evaluations or external inspections of our services
• Training and educating staff or for audit purposes
• For research purposes (With your consent)
• Looking after the health and social welfare of the general public
• Investigating complaints or legal claims
• Preparing statistics on the Trust’s activity and performance
• Providing anonymised data, for example to the Department of Health, the Public Health Agency and the Health and Social         Care Board for the planning of services.

We may also use data in conjunction with emerging technological advancements. Prior to the implementation or change to data processing we will ensure due diligence is applied before commencement.

To help us provide the best care or service for you, we may need to share your information with authorised individuals directly involved in your health and/or social care. We only ever do this if it is needed in your interests. Your relatives, friends and carers may be given information about you, but only if you agree, or in circumstances where it is necessary to ensure your health and wellbeing or where there are safeguarding concerns.

Health and Social Care Staff involved in your treatment and care may share information with each other about you only when necessary. This could include:

• Family Practitioner Services
• Inpatient Hospital staff
• Outpatient Hospital staff
• Community Services staff

This could include:

• Your GP
• Pharmacists
• Doctors
• Nurses
• Social Workers
• Allied Health Professionals, like Physiotherapists, Occupational Therapists, Health Visitors and other Health and Social Care Professionals
• Health and Social Care administrative staff

Health and Social Care Staff involved in your treatment and care may also share information with other organisations in line with legislation and data sharing requirements.  This could include:

• Regulators – Regulation and Quality Improvement Authority (RQIA)
• Government Agencies – PSNI, DVLA, PBNI, NIHE
• Commissioned Services – Nursing Homes, Residential Homes, Charities
• National Registries– National Cancer Registry, National Joint Registry
• Independent Service Providers
• Other HSC Organisations – Public Health Agency, BSO, Department of Health, NIAS

This list is not exhaustive

All Health and Social Care staff are obliged within their contracts of employment, professional codes of conduct and by the common law Duty of Confidentiality to ensure that all personal data is treated with the highest possible levels of confidentiality. Contractors and agency staff are also bound by contractual confidentiality obligations in line with data protection legislation.

Your information may also be used in a way that does not identify you, for example, to help identify trends such as increases in certain diseases.

There may be occasions where your information can be shared with other organisations without your consent but this will only happen when it is -:

• Required by law for example
• Required by a court order
• Necessary to detect or prevent crime, including allegations or suspicions of fraud
• Necessary to protect the public from serious harm, eg. the  protection of vulnerable adults or Children.
• Required for monitoring certain health conditions, eg. by the Public Health Agency (PHA) or Department of Health
• Monitoring of deaths, for example review of hospital deaths or for organ donation purposes
• Necessary for the provision of services and information may be shared with other health providers contracted/sub contracted to provide care on our behalf, such as the independent sector who will help to address waiting lists.
• Necessary to communicate with service users – information may be shared with third party organisations contracted/ sub contracted by the Trust who will send our correspondence via post or electronic methods.
• Necessary to share with other organisations where information is shared as part of a statutory/lawful process.

It is important to remember that the purpose of using your information is to provide you with safe, fast and effective care. Not providing information may have a significant effect on the appropriate care and protection that we and others provide to you.

At South Eastern Health & Social Care Trust we take your privacy seriously. Staff will only access your information on a strict ‘need to know’ basis or when they are involved in your period of care. All staff have a legal duty to keep your information safe and confidential, as does anyone who receives information about you from the Trust. In line with legislation the Trust has a range of measures and strict standards to protect paper and electronically held information.

We will not transfer your data to other countries outside the UK without an appropriate lawful basis for doing so and the information having been secured in a way that safeguards it during and after transfer to the country receiving it.

We will retain your information in line with specific guidance issued by the Department of Health in Northern Ireland. The length of time we keep your information for will depend on the types of records created for your care. If you want to find out more about how long your records are retained, you can ask staff or view the “Good Management, Good Records” section under “Disposal Schedule” on Department of Health’s website.  Good Management, Good Records – Disposal Schedule | Department of Health

It is very important that the information we hold about you is correct and up-to-date. You can help us to do that by telling us of any changes.  Please tell us if you move house, change your GP, change your name or telephone number.

To update your name or address, please follow the link below to Business Service Organisation Website. Alternatively you can update your information whenever you present for provision of care at any Trust site.

General Public Information – GP Registrations – Business Services Organisation (BSO) Website (hscni.net)

Data Protection legislation gives you the right to request copies of the personal information the Trust holds about you and a right to take action to correct any factually inaccurate information. You also have a right to take action if you feel you have suffered damage and distress due to the Trust’s use of your information. See the ICO website (link provided below) for more information about your rights under the UK General Data Protection Regulation (UKGDPR).

Under the Data Protection legislation, data subjects have the following rights with regards to their personal information:

The Right to be Informed

The South Eastern Health and Social Care Trust (SEHSCT) issues certain information about our data processing activities that affect you. This information is provided in this Privacy Notice.

The Right of Access

The SEHSCT, as the data controller, must provide you with:

• confirmation that your data is being processed
• access to your personal data

For further information on how to make a Subject Access Request see Access to Information – South Eastern Health & Social Care Trust

The Right to Rectification

You can ask the SEHSCT to correct personal information it holds about you to ensure your data is factually accurate. Please note, this only applies to matters of fact and not professional opinions, such as medical diagnosis.

The Right to Erasure (In certain circumstances)

You have the right to (under certain circumstances) ask for your personal data to be erased where:

• your personal data is no longer necessary in relation to the purpose for which it was collected/processed
• you object to the processing and there are no overriding legitimate grounds for the processing
• your personal data was unlawfully processed or should be erased to comply with a legal obligation

The SEHSCT can refuse to erase your personal data where it is processed:

• to comply with a legal obligation or for the performance of a task of public interest
• for the exercise or defence of legal claims
• for purposes relating to health and social care, medical diagnosis, preventative medicine, in the area of public health, archiving in the public interest, scientific/historic research or statistics

The Right to Restrict Processing (In certain circumstances)

You have the right to restrict the processing of personal data held by the SEHSCT where:

• you have contested its factual accuracy
• you have objected to the processing and the SEHSCT is considering whether they have a legitimate ground which overrides this
• processing is unlawful
• the SEHSCT no longer needs the data but you require it to establish, exercise or defend a legal claim

The Right to Data Portability

The right to data portability allows individuals to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability. This enables you to obtain and reuse your personal data across different services.

The right to data portability only applies:

• to personal data that an individual has personally provided to SEHSCT
• where the processing is based on consent or the performance of a contract
• where processing is carried by automated means (i.e. excluding paper files)

The Right to Object (In certain circumstances)

You have the right to object to processing of your personal data in certain circumstances.

You can also object if the processing is for:

• a task carried out in the public interest
• the exercise of official authority vested in the SEHSCT
• SEHSCT’s legitimate interests (or those of a third party)

However, in these circumstances the right to object is not absolute and you must give specific reasons why you are objecting to the processing of your data.

Please be aware that the SEHSCT would be able to continue processing your personal data if:

• we can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual
• the processing is for the establishment, exercise or defence of legal claims

Rights Relating to Automated Decision Making and Profiling

Automated decision-making takes place when an electronic system uses personal information to make decisions without human intervention.

At present, there are no fully automated decision making or profiling systems in use within SEHSCT. This means that this right does not currently apply to any processing activities.

If you want to see the information we hold about you or ask about how we use it, you can speak to the person in charge of your care or you can request a copy of your information. See the Trust’s website for further details on how you can apply for a copy of your health and social care information.

Requests will be responded to as quickly as possible and usually within one month; however the UKGDPR allows up to 3 months for providing a response to complex requests. Generally there is no charge for copies of records except where the request is manifestly unfounded or excessive or is a repeat request.

Is there any information that I cannot see?

There are occasions when other people have provided information relating to your care. In some cases there may also be information in your notes about other people that is their personal information. We have a duty to keep certain information confidential and may not be able to share it with you.

The conditions that ensure the Trust processes your personal information lawfully, fairly and in a transparent manner are set out in Article 6 and Article 9 of the UK General Data Protection Regulation. These conditions include, for example, complying with our legal obligations, to meet the vital interests of service users, for public health purposes and to fulfil our public duty to provide health and social care services and manage our systems.

Lawful Processing

To process personal data, the Trust must have lawful grounds for processing as provided for in the UK GDPR.

The day to day processing of personal data relating to health care does not rely on consent. The most commonly lawful grounds for processing in a health care setting is as follows:

• Vital Interests – example / more info
• Public Task in the Public Interest – example explained below

As Health Care data is categorised as “special category”; another basis is required for the lawful processing of this data.

The most commonly used in health care settings:

• Vital Interests
• Public Interest
• Health
• Public Health

See example below:

The processing for the Direct Care of Patients

The legal basis is:

Public task – the processing is necessary to perform a task in the public interest or for official functions, and the task or function has a clear basis in law.

The Public Task Function is outlined in the Health & Social Care (Reform) Act (NI) 2009

The provision of health or social care or treatment or the management of health or social care systems and services.

• The service meets the associated condition in UK law, set out in Part 1 of Schedule 1 of the DPA 2018 for Health or social care purposes:
• 2(1) This condition is met as the processing is necessary for health or social care purposes.

The Trust may on occasion rely on Legitimate Interests as a lawful basis of processing when not performing ‘core tasks’. When they do this, they will undertake a legitimate interest test.

If you want to know more about how we use your information, if you are unhappy with any aspect about how we use your information or comply with your request, you can contact the Trust’s Data Protection Officer at the following address:-

Information Governance, Lough House, Ards Community Hospital, Church Street, BT23 4AS

T: 028 9155 2210

If you have any further concerns or queries on how your personal data is being processed you can contact the Information Commissioners Office.

Information Commissioner’s Office

Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

T: 0303 123 1113 or 01625 545 745 W: https://ico.org.uk/