This Privacy Notice explains the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep it safe.
We know that there is a lot of information here, but we want you to be fully informed about your rights, and how we use your data. We hope the following sections will answer any questions you may have, but if not please do get in touch with us. Our contact details are below.
Conditions for Processing Data
We are only entitled to hold and process your data where this is permitted in law. The law on data protection sets out a number of different reasons for which we may collect and process your personal data. These include:
We require your data to enable us to meet our legitimate interests in a way which might reasonably be expected as part of running our business of providing occupational health services and which does not materially impact your rights, freedom or interests. This may include the need to satisfy external quality auditors or Regulators.
We also require your data to enable your employer, potential employer, pension provider or other referrer (the Referrer) to meet its legitimate interests; for example, in the case of an employer, in understanding and monitoring the health and safety of its employees or, in the case of a pension provider, in ensuring lawful payment of pension entitlements.
If the law requires us to, we may need to collect and process your data. For example, we may need to make statutory health reports.
We require your data for one or more of the purposes of occupational health or preventive medicine; the assessment of your capacity; medical diagnosis; or the provision of health and social care or treatment.
When do we collect your data?
We normally collect your data when you provide it to us or when it is provided to us by others (the Referrer or your GP for example). You may give us your data by email; through an online web form; over the telephone; face to face; through questionnaires; or by post. We will also collect data through our own examination, testing and assessment.
What sort of data do we collect?
We collect your name and contact details. This may include asking for a copy of your passport/ driving licence and proof of address. We also gather details of your age; ethnicity; gender and your job and medical history.
How do we use your data?
We only use your data for the purposes of dealing with the enquiries which have been made by you or the Referrer in the context of providing occupational health, fitness to work, or preventive medicine advice. We may also use your data for research or statistical purposes but only where this has been anonymised.
How do we protect your data?
The data you give us is extremely sensitive and confidential. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it. We have clear data protection and information security policies and procedures in place (along with Regulatory and other professional obligations to keep your data safe) and these are regularly assessed as part of our Quality Standards and compliance processes.
We protect our IT system from cyberattack. Access to your personal data is password protected.
How long will we keep your data?
We only keep your data for as long as is necessary for the purpose(s) for which it was provided.
In accordance with NHS and British Medical Association advice, in most cases this will be for 7 years after your employment ends (or you attain the age of 75) unless there is a recognised clinical need or statutory requirement to keep it for longer. We keep your data for this period to protect you should you need access to it, or in case there are situations where you may be unhappy with our services and want to lodge a complaint.
In the case of statutory health surveillance records, these are required by law to be retained for different periods, but we normally give these to your employer and, in that case, will not keep them longer than we keep your other data.
In the case of pre-placement/pre-employment assessments, we will normally keep your data for 12 months if the job is not taken up. We do this in case there is any query or dispute over the placement/recruitment process.
Who do we share your personal data with?
We share your data with the Referrer but not without your prior consent unless the law allows this or it is in the public interest (such as where disclosure of information may be necessary on grounds of protecting the health and safety of others).
Sometimes, we may also share your personal data with trusted third parties. We only do this where it is necessary for providing our services. For example, we may share your data with secure file-storage and file-destruction companies, the company that securely hosts our off-site cloud storage, and web/email servers.
This is the policy we apply to those organisations to keep your data safe and protect your privacy:
- We provide only the information they need to provide their specific services
- They may only use your data for the exact purposes we specify in our contract with them
- We work closely with them to ensure that your privacy is respected and protected at all times
- If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.
Where is your data processed?
Your data is stored and processed within the European Economic Area (‘EEA’ which includes all EU Member countries as well as Iceland, Liechtenstein and Norway). If we ever have to share your personal data with third parties and suppliers outside the EEA we will ensure that it is sent and stored securely and, where appropriate, we will seek your specific consent to do so.
What are your rights?
You have rights under the EU General Data Protection Regulation and these include the right to be informed what information we hold about you. In particular you have the right to request:
- Access to the personal data we hold about you, free of charge in most cases
- A copy of any information about you that we hold at any time
- The correction of your personal data when incorrect, out of date or incomplete
- The deletion of your personal data, for example when you withdraw consent, or object and we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end. However, we are not required to delete your data where we are required to hold it in order to comply with our own legal obligations
- That we stop any consent-based processing of your personal data after you withdraw that consent.
If we choose not to action your request, we will explain to you the reasons for our refusal.
For information on how your information is used, how we maintain the security of our information, and to exercise your rights to access information we hold on you, please contact us. Similarly, if you believe that the information we hold is wrong or out of date, please let us know and we will investigate and if necessary update it.
The person responsible for data protection is Philip Thornley and enquires and requests can be sent to him by email at firstname.lastname@example.org or in writing to:
Little Sodbury End,
Your right to withdraw consent
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.
Where we rely on our legitimate interest
In cases where we are processing your personal data on the basis of our legitimate interest (or that of the Referrer), you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
You can contact them by calling 0303 123 1113 or go online to www.ico.org.uk/concerns