1. About Dr A Comiskey and partners, Portobello and Conan Doyle Surgeries
The practice is an independent contractor providing primary medical services by way
of a contract with NHS Lothian, made under the National Health Service (Scotland)
Act 1978 (the 1978 Act). It is one of the organisations which form part of NHS Scotland
2. About the personal information we use
We use personal information on different groups of individuals including:
§ Complainants, enquirers
§ Survey respondents
§ Professional experts and consultants
§ Individuals captured by CCTV
The personal information we use includes information that identifies you like your
name, address, date of birth and postcode.
We also use more sensitive types of personal information, including information about
racial or ethnic origin; political opinions; religious or philosophical beliefs;
trade union membership; genetic and biometric data, health; sex life or sexual orientation.
The information we use can relate to personal and family details; education, training
and employment details; financial details; lifestyle and social circumstances; goods
and services; visual images; details held in the patient record; responses to surveys.
3. Our purposes for using personal information
Under the 1978 Act, Dr A Comiskey and Partners has the statutory responsibility to
provide or arrange for the provision of a range of healthcare, health improvement
and health protection services. We are given these tasks so that we can help to promote
the improvement of the physical and mental health of the people of Dr A Comiskey
and Partners and assist in operating a comprehensive and integrated national health
service in Scotland.
We use personal information to enable us to provide healthcare services for patients
(including reminding you of appointments), data matching under the national fraud
initiative; research; supporting and managing our employees; maintaining our accounts
and records and the use of CCTV systems for crime prevention.
4. Our legal basis for using personal information
Dr A Comiskey and Partners, as data controller, is required to have a legal basis
when using personal information. Dr A Comiskey and Partners considers that performance
of our tasks and functions are in the public interest. So when using personal information
our legal basis is usually that its use is necessary for the performance of a task
carried out in the public interest, or in the exercise of official authority vested
in us. In some situations we may rely on a different legal basis; for example, when
we are using personal information to pay a supplier, our legal basis is that its
use is necessary for the purposes of our legitimate interests as a buyer of goods
and services. Another example would be for compliance with a legal obligation to
which Dr A Comiskey and Partners is subject to, for example under the Public Health
etc (Scotland) Act 2008 we are required to notify Health Protection Scotland when
someone contracts a specific disease.
When we are using more sensitive types of personal information, including health
information, our legal basis is usually that the use is necessary:
· for the provision of health or social care or treatment or the management of health
or social care systems and services; or
· for reasons of public interest in the area of public health; or
· for reasons of substantial public interest for aims that are proportionate and
respect people’s rights, for example research; or
· in order to protect the vital interests of an individual; or
· for the establishment, exercise or defence of legal claims or in the case of a
On rare occasions we may rely on your explicit consent as our legal basis for using
your personal information. When we do this we will explain what it means, and the
rights that are available, to you. You should be aware that we will continue to ask
for your consent for other things like taking part in a drug trial, or when you are
having an operation.
5. Who provides the personal information
When you do not provide information directly to us, we receive it from other individuals
and organisations involved in the delivery of health and care services in Scotland.
These include other NHS Boards and primary care contractors such as GPs, dentists,
pharmacists and opticians; other public bodies e.g. Local Authorities and suppliers
of goods and services.
6. Sharing personal information with others
Depending on the situation, where necessary we will share appropriate, relevant and
proportionate personal information in compliance with the law, with the following:
§ Our patients and their chosen representatives or carers
§ Current, past and potential employers
§ Healthcare social and welfare organisations
§ Suppliers, service providers, legal representatives
§ Auditors and audit bodies
§ Educators and examining bodies
§ Research organisations
§ People making an enquiry or complaint
§ Financial organisations
§ Professional bodies
§ Trade Unions
§ Business associates
§ Police forces.
§ Security organisations.
§ Central and local government.
§ Voluntary and charitable organisations.
7. Transferring personal information abroad
It is sometimes necessary to transfer personal health information overseas for example
if you require urgent medical treatment abroad. When this is needed information may
be transferred to countries or territories around the world. Any transfers made will
be in full compliance with NHSScotland Information Security Policy.
8. Retention periods of the information we hold
Dr A Comiskey and Partners keeps personal information as set out in the Scottish
Government Records Management: NHS Code of Practice (Scotland) Version 2.1 January
2012. The NHS Code of Practice sets out minimum retention periods for information,
including personal information, held in different types of records including personal
health records and administrative records. As directed by the Scottish Government
in the Records Management Code of Practice, we maintain a retention schedule as part
of our Records Management Policy detailing the minimum retention period for the information
and procedures for the safe disposal of personal information.
9. How we protect personal information
We take care to ensure your personal information is only accessible to authorised
people. Our staff have a legal and contractual duty to keep personal health information
secure, and confidential. The following security measures are in place to protect
· All staff undertake mandatory training in Data Protection and IT Security
· Compliance with NHS Scotland Information Security Policy
· Organisational policy and procedures on the safe handling of personal information
· Access controls and audits of electronic systems
10. Your rights
This section contains a description of your data protection rights within Dr A Comiskey
The right to be informed
Dr A Comiskey and Partners must explain how we use your personal information. We
use a number of ways to communicate how personal information is used, including:
· This Data Protection Notice
· Information leaflets
· Discussions with staff providing your care
The right of access
You have the right to access your own personal information.
This right includes making you aware of what information we hold along with the opportunity
to satisfy you that we are using your information fairly and legally.
You have the right to obtain:
· Confirmation that your personal information is being held or used by us
· Access to your personal information
· Additional information about how we use your personal information
Although we must provide this information free of charge, if your request is considered
unfounded or excessive, or if you request the same information more than once, we
may charge a reasonable fee.
If you would like to access your personal information, you can do this by submitting
a written Subject Access Request to either:
Yvonne McBeth Practice Manager Dr A Comiskey and Partners 265 Portobello High Street Edinburgh EH15
Conan Doyle Medical Centre
4 Nether Liberton Lane
Once we have received your request and you have provided us with enough information
for us to locate your personal information, we will respond to your request without
delay, within one month (30 days). However If your request is complex we may take
longer, by up to two months, to respond. If this is the case we will tell you and
explain the reason for the delay.
The right to rectification
If the personal information we hold about you is inaccurate or incomplete you have
the right to have this corrected.
If it is agreed that your personal information is inaccurate or incomplete we will
aim to amend your records accordingly, normally within one month, or within two months
where the request is complex. However, we will contact you as quickly as possible
to explain this further if the need to extend our timescales applies to your request.
Unless there is a risk to patient safety, we can restrict access to your records
to ensure that the inaccurate or incomplete information is not used until amended.
If for any reason we have shared your information with anyone else, perhaps during
a referral to another service for example, we will notify them of the changes required
so that we can ensure their records are accurate.
If on consideration of your request Dr A Comiskey and Partners does not consider
the personal information to be inaccurate then we may add a comment to your record
stating your concerns about the information. If this is the case we will contact
you within one month to explain our reasons for this.
If you are unhappy about how Dr A Comiskey and Partners has responded to your request
for rectification we will provide you withinformation on how you can complain to
the Information Commissioner’s Office, or how to take legal action.
The right to object
When Dr A Comiskey and Partners is processing your personal information for the purpose
of the performance of a task carried out in the public interest or in the exercise
of official authority you have the right to object to the processing and also seek
that further processing of your personal information is restricted. Provided Dr A
Comiskey and Partners can demonstrate compelling legitimate grounds for processing
your personal information, for instance; patient safety or for evidence to support
legal claims, your right will not be upheld.
There are other rights under current Data Protection Law however these rights only
apply in certain circumstances. If you wish further information on these rights click
The right to complain
If you are unhappy with the way in which we use your personal information please
tell our Data Protection Officer using the contact details below.
Yvonne McBeth Practice Manager Dr A Comiskey and Partners 265 Portobello High Street Edinburgh EH15
You also have the right to complain about how we use your personal information to
the Information Commissioner’s Office (ICO). Details about this are on their website
11. Translation Service/ Accessibility
If you require translation service please find details to enquire below.