1) Privacy Notice

2) Explicit Consent

3) Complaints Procedure

1) Lowbourne Osteopaths Privacy Notice 2018

 

Scope

 

This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject) that is not already in the public domain.

 

The General Data Protection Regulation (GDPR) which is EU wide and far more extensive than its predecessor the Data Protection Act, along with the Privacy and Electronic Communications Regulations (PECR), seek to protect and enhance the rights of EU data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU and its storage within the EEA.

 

1 - Your Practice Lowbourne Osteopaths Ltd, based at 39 Lowbourne Melskham SN12 7ED, which hereafter for the purposes of this Privacy Notice will be referred to as the Osteopaths, is pleased to provide the following information:

 

2 - Who we are
The Osteopaths diagnose and treat health conditions. Treatments are carried out in accordance with the Institute of Osteopathy’s patient charter
http://www.iosteopathy.org/osteopathy/the-patient-charter/. The practice may also provide other treatments, about which our staff will be pleased to provide more details.

 

3 - Personal Data
a) For the purposes of providing treatment, Osteopaths may require detailed medical information. We will only collect what is relevant and necessary for your treatment. When you visit our practice, we will make notes which may include details concerning your medication, treatment and other issues affecting your health. This data is always held securely, is not shared with anyone not involved in your treatment, although for data storage purposes it may be handled by pre-vetted staff who have all signed an integrity and confidentiality agreement. To be able to process your personal data it is a condition of any treatment that you give your explicit consent to allow Osteopaths to document and process your personal medical data. Contact details provided by you such as telephone numbers, email addresses, postal addresses may be used to remind you of future appointments and provide reports or other information concerning your treatment.
b) For marketing purposes, the Osteopaths may also use the contact details provided by you to respond to your enquiries, including making telephone contact and emailing information to you which the practice believes may be of interest to you.
c) In making initial contact with the practice you consent to Osteopaths maintaining a marketing dialogue with you until you either opt out (which you can do at any time) or we decide to desist in promoting our services. Osteopaths may occasionally also act on behalf of its patients in the capacity of data processor, when we may promote other practitioners based at our premises, who may not be employed by us. Osteopaths do not broker your data and you can ask to be removed from our marketing database by emailing or phoning the practice using the contact details provided at the end of this Privacy Notice.
d) Some basic personal data may be collected about you from the marketing forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to, personally identifying information like Internet Protocol (IP) addresses.
e) Osteopaths’ website uses cookies, which is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. WordPress.org uses cookies to help Osteopaths to identify and track visitors and their website access preferences. Osteopaths’ website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Osteopaths’ website.
f) Osteopaths will only collect the information needed so that we can provide you with the services you require, the business does not sell or broker your data.

 

4 - Legal basis for processing any personal data
To meet our contractual obligations obtained from explicit Patient Consent and legitimate interest to respond to enquiries concerning the services provided.

 

5 - Legitimate interests pursued by Osteopaths
To promote treatments for patients with all types of health problems indicated for osteopathic care.

 

6 – Consent
Through agreeing to this privacy notice you are consenting to Osteopaths processing your personal data for the purposes outlined. You can withdraw consent at any time by using the postal, email address or telephone number provided at the end of this Privacy Notice.

 

7 – Disclosure
Osteopaths will keep your personal information safe and secure, only staff engaged in providing your treatment will have access to your patient records, although our administration team will have access to your contact details so that they can make appointments and manage your account. Osteopaths will not disclose your Personal Information unless compelled to, in order to meet legal obligations, regulations or valid governmental requests. The practice may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of its staff.

 

8 - Retention Policy
Osteopaths will process personal data during the duration of any treatment and will continue to store only the personal data needed for eight years after the contract has expired to meet any legal obligations. After eight years all personal data will be deleted, unless basic information needs to be retained by us to meet our future obligations to you, such as erasure details. Records concerning minors who have received treatment will be retained until the child has reached the age of 25.

 

9 - Data storage
All Data is held in the United Kingdom. Osteopaths does not store personal data outside the EEA.

 

10 - Your rights as a data subject
At any point whilst Osteopaths are in possession of, or processing your personal data, all data subjects have the following rights:

 

·         Right of access – you have the right to request a copy of the information that we hold about you.

 

·         Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.

 

·         Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.

 

·         Right to restriction of processing – where certain conditions apply you have a right to restrict the processing.

 

·         Right of portability – you have the right to have the data we hold about you transferred to another organisation.

 

·         Right to object – you have the right to object to certain types of processing such as direct marketing.

 

·         Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.

 


In the event that Osteopaths refuses your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge. At your request Osteopaths can confirm what information it holds about you and how it is processed.

 

11 - You can request the following information:

 

·         Identity and the contact details of the person or organisation (Osteopaths) that has determined how and why to process your data.

 

·         Contact details of the data protection officer, where applicable.

 

·         The purpose of the processing as well as the legal basis for processing.

 

·         If the processing is based on the legitimate interests of Osteopaths and information about these interests.

 

·         The categories of personal data collected, stored and processed.

 

·         Recipient(s) or categories of recipients that the data is/will be disclosed to.

 

·         How long the data will be stored.

 

·         Details of your rights to correct, erasure, restrict or object to such processing.

 

·         Information about your right to withdraw consent at any time.

 

·         How to lodge a complaint with the supervisory authority (ICO).

 

·         Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.

 

·         The source of personal data if it wasn’t collected directly from you.

 

·         Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

 

12 - To access what personal data is held, identification will be required
Osteopaths will accept the following forms of identification (ID) when information on your personal data is requested: a copy of your driving licence, passport, birth certificate and a utility bill not older than three months. A minimum of one piece of photographic ID listed above and a supporting document is required. If Osteopaths is dissatisfied with the quality, further information may be sought before personal data can be released.All requests should be made to This email address is being protected from spambots. You need JavaScript enabled to view it. or by phoning +44 01225 704883 or writing to us at the address further below.

 

13 Complaints
In the event that you wish to make a complaint about how your personal data is being processed by Osteopaths you have the right to complain to us. If you do not get a response within 30 days, you can complain to the ICO.

 

The details for each of these contacts are:

 

Caspar Hull, 39 Lowbourne Melksham, SN12 7ED, 01225 704883 This email address is being protected from spambots. You need JavaScript enabled to view it.

 

ICO
Wycliffe House, Water Lane, Wilmslow, SK9 5AFTelephone +44 (0) 303 123 1113 or email:
https://ico.org.uk/global/contact-us/email/

 

 

 

 

2) Explicit Consent

 


I explicitly consent to you creating and storing medical records concerning my treatment, which may include details concerning my medication, treatment and other issues affecting my health conditions, in accordance with the General Data Protection Regulation (GDPR). I understand that these records will be retained for eight years, (or until I reach 25 in the case of someone aged 16 - 18), when treatment is ceased in order to comply with the Institute of Osteopathy legal guidelines. I understand that these records will be processed in accordance with your 2018 Privacy Notice, a copy of which I have seen.

 

 

 

I have read and understood the above information and give my explicit consent:

 

 

 

……………………………………………………………………………………………………………………..

 

 

 

For future appointments and administration, our preferred communication route/s is:

 

 

 

[ ] Telephone

 

[ ] Email

 

[ ] Post

 

[ ] Other (please state) ……………………………………………………………….………………

 

 

 

Promotional Information

 

For the purposes of promoting healthcare including offers and advice the Practice would also like to stay in touch with you, with information that may be of interest to you.

For providing promotional information you can stay in touch with me using the following methods:

 


[ ] Telephone

 

[ ] Email

 

[ ] Post

 

[ ] Other (please state) ………………………………………………

 

 

Copies of these can also be accessed at Lowbourne Osteopaths clinic.

 

 

 

 

3) Complaints Procedure

 

 

 

WHAT CAN I DO IF I HAVE A PROBLEM WITH MY OSTEOPATH?

 

If you believe your complaint is to do with the sort of service you received from our practice,or the behaviour of one of our osteopaths ,then contact us directly and talk it through.The majority of problems are caused by misunderstandings and can easily be resolved locally. We take any complaint about an osteopath very seriously.The steps we take to investigate and deal with them are governed by rules set by the Privy Council.

 

If you are still not satisfied,or the complaint is more serious,you should contact the General Osteopathic Council at their Fitness to Practise department,as the GOsC may have the power to deal with it. All our osteopaths are registered with the GOsC.

 

MAKING A COMPLAINT

 

You can telephone the GOsC to discuss your complaint.If you decide to lodge a formal complaint with them, they will ask you to provide as much information as you can about your allegations.They  need this in writing,so they may ask you to fill in a form to help .

 

WHAT HAPPENS NEXT?

 

Once you have contacted the GOsC your complaint will be assessed by a Screener,to make sure it is something the GOsC should be dealing with.The Screener will look carefully at all the information you have given .If need be,they may contact you to clarify certain details.

 

Having considered all the information and evidence available,the Screener may decide not to act on the complaint at this stage.If this happens,they will tell you why they are not taking your complaint further.It may be because:  the practitioner is not registered with the GOsC; the complaint is not serious enough; the complaint is not related to an osteopath's practice;  there is unlikely to be sufficient evidence to support the complaint.

 

The Screener will not reject a complaint without first consulting with a lay member of the Investigating Committee (IC).Where the Screener cannot proceed with a case,they may still want the osteopath formally notified that the matter will be taken into account should there be further investigation to see whether enough evidence can be gathered to support your allegations.However serious your complaint is,they must have sufficient evidence to make a case at a hearing.If they cannot do this,your case will not proceed.

 

If the GOsC investigate a complaint,they will tell the osteopath about the allegations,and the osteopath has the right to respond.They shall need your agreement to contact the osteopath and so your identity will be revealed.They will also send a copy of the allegations to the osteopath.

 

 

 

THE INVESTIGATING COMMITTEE

 

The Screener will report to the Investigating Committee (IC).This is made up of osteopaths and lay members.Their job is to assess the complaint,the supporting evidence and any response from the osteopath.They must then decide whether there should be a public hearing.

 

After considering the Screener's report,the IC can:  refer the case to the Health Committee (HC) if the osteopath appears to have a health problem (please contact GosC if you would like more information on how the HC works);  decide to take no further action;  refer the allegations for a public hearing.

 

If the IC decides on a public hearing,the GOsC will instruct their solicitors to prepare the case against the osteopath.

 

A PUBLIC HEARING BEFORE THE PROFESSIONAL CONDUCT COMMITTEE

 

All Professional Conduct Committee (PCC) hearings are held in public and must follow formal procedures,like a court case.The press may attend.The PCC will listen to both sides and then,in private and with help from a legal assessor,consider which facts are proved and whether these amount to: serious incompetence;  unacceptable conduct; or a conviction for a serious criminal offence.

 

Although you may have made the original complaint,your role in any PCC hearing is that of a witness,and you may be asked to give evidence on oath.The PCC will always include at least one lay GOsC member to see each case from the public interest point of view.

 

THE DECISION OF THE PROFESSIONAL CONDUCT COMMITTEE

 

The Professional Conduct Committee (PCC) will usually announce its decision after the hearing and in the presence of everyone who took part.If the case is proven,the osteopath or his/her legal representative may give mitigation before the PCC considers what action to take.An osteopath's name will be removed from the Register (meaning they cannot practise as an osteopath) only in the most serious cases.

 

Other steps the PCC might take are: > suspending an osteopath from practice,for a period of time; > imposing conditions on the osteopath's practice or allowing them to continue work in a limited way; > formally admonishing the osteopath.

 

The PCC cannot order an osteopath to compensate a client or pay a fine.

 

 

 

APPEALS

 

An osteopath can appeal against a decision to remove or restrict their registration to one of the following Courts:

 

 Court of Session in Scotland,  High Court of Justice in Northern Ireland,  High Court of Justice in England and Wales

 

Decisions of the Professional Conduct Committee can also be appealed against by the Council for Healthcare Regulatory Excellence (CHRE).

 

HOW TO CONTACT THE GENERAL OSTEOPATHIC COUNCIL

 

The offices of the General Osteopathic Council (GOsC) are based at:

 

OSTEOPATHY HOUSE 176 TOWER BRIDGE ROAD LONDON SE1 3LU

TEL:020 7357 6655 FAX:020 7357 0011