• To ensure an understanding of how GDPR will work in the UK a new Data Protection Bill 2017 has been published.

    How it will work for the healthcare sector remains to be seen but processing of personal data is only lawful if it complies with Article 6 of the GDPR and is necessary for the performance of tasks carried out in the public interest; the functions will apply to all NHS bodies and local authorities and cover the commissioning and provision of health services by NHS Trusts and Foundation Trusts.

    “Health Data” is in a special category of personal data and requires additional compliance under Article 9 GDPR. In particular, processing can be justified in the context of:

    • Preventive or occupational medicine.

    • Medical diagnosis.

    • Provision of healthcare or treatment.

    • Assessment of the working capacity of an employee.

    • The provision of social care.

    • The management of healthcare systems or social care systems or services.

    Data Subjects’ rights are already set out under the GDPR and are included within the Bill including Subject Access by which living patients and service users can access their health and social care records. No fees will be charged to patients and service users unless the request is obviously unfounded, excessive or repeated in which case a reasonable fee can be charged and regulation will follow on the extent of those fees.

    There will be exceptions to disclosure in relation to personal data of third parties, circumstances where disclosure would be likely to cause serious harm to physical or mental health of the patient, service user or another individual. Disclosure will, of course, be permitted to police, Courts and solicitors where refusal to do so would prejudice the purpose for which information is required.

    This content is correct at time of publication

    Can we help?

    Take a look at our Healthcare page for useful information, resources, guidance, details of our team and how we may be able to help you

  • Get in touch

    Please fill out the below form or alternatively you can call us on 01622 690691

      By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you subscribe to any of our newsletters, you can unsubscribe any time using the link in the email. Please view our privacy statement for more information