COVID-19 Privacy Notice (Staff and Patients)
This notice describes how we may use your information to protect you and others during the COVID-19 outbreak. It supplements our main privacy notice which is available [Data Protection – What happens to my information? | Sandwell and West Birmingham NHS Trust (swbh.nhs.uk) AND Privacy and Cookies | Sandwell and West Birmingham NHS Trust (swbh.nhs.uk)].
The health and social care system is facing significant pressures due to the COVID-19 outbreak.
Health and care information is essential to deliver care to individuals, to support health and social care services and to protect public health.
Information will also be vital in researching, monitoring, tracking, and managing the outbreak.
In the current emergency it has become even more important to share health and care information across relevant organisations linked to patients, their families or contacts and staff who support their care.
Existing law which allows confidential patient information to be used and shared appropriately and lawfully in a public health emergency is being used during this outbreak.
Using this law, the Secretary of State has required NHS Digital; NHS England and Improvement; Arm’s Length Bodies (such as Public Health England); local authorities; health organisations and GPs to share confidential patient information to respond to the COVID-19 outbreak.
Any information used or shared during the COVID-19 outbreak will be limited to the period of the outbreak unless there is another legal basis to use the data. Further information is available on gov.uk and there are some FAQs on this law are available on the NHSX website.
During this period of emergency, opt-outs will not generally apply to the data used to support the COVID-19 outbreak, due to the public interest in sharing information.
This includes National Data Opt-outs.
However, in relation to the Summary Care Record, existing choices will be respected. Where data is used and shared under these laws your right to have personal data erased will also not apply. It may also take us longer to respond to Subject Access requests, Freedom of Information requests and new opt-out requests whilst we focus our efforts on responding to the outbreak.
To look after your health, care or employment needs we may need to share your confidential information including health and care records with clinical and non-clinical staff in other health and care providers, for example neighbouring GP practices, hospitals, and NHS 111.
We may also use the details we have to send public health messages to you, either by phone, text, or email.
For staff, that includes using information about your vaccination status to help determine service planning and employment status The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 2) Regulations 2021 (legislation.gov.uk). Use of this information will be determined by applicable legislation or guidance from statutory bodies.
During this period of emergency, we may offer you a consultation via telephone or videoconferencing.
By accepting the invitation and entering the consultation you are consenting to this.
Your personal/confidential patient information will be safeguarded in the same way it would with any other consultation.
We will also be required to share personal or confidential patient OR staff information with health and care organisations and other bodies engaged in disease surveillance for the purposes of protecting public health, providing healthcare services to the public (including inand monitoring and managing the outbreak.
On the NHSX website you can find further information about how health and care data is being used and shared by other NHS and social care organisations in a variety of ways to support the COVID-19 response.
NHS England and Improvement and NHSX have developed a single, secure store to gather data from across the health and care system to inform the COVID-19 response.
This includes data already collected by NHS England, NHS Improvement, Public Health England, and NHS Digital.
New data will include 999 call data, data about hospital occupancy and A&E capacity data as well as data provided by patients themselves. All the data held in the platform is subject to strict controls that meet the requirements of data protection legislation.
In such circumstances where you tell us you’re experiencing COVID-19 symptoms we may need to collect specific health data about you.
Where we need to do so, we will not collect more information than we require, and we will ensure that any information collected is treated with the appropriate safeguards.
We may amend this privacy notice at any time so please review it frequently. The date at the top of this page will be amended each time this notice is updated.
If you have any concerns about how your data is being used you can contact the Trust Data Protection Officer at firstname.lastname@example.org.