1. Who ‘we’ are
When we outline to you how we take care of your data you will notice we use the words ‘the Clinic’, ‘we’, ‘us’ or ‘our’. This means we are referring to The London Clinic (also known as Trustees of The London Clinic Limited). We are a limited company and charity registered in England and Wales. Find out more information about our company and charity status.
We are, in almost all circumstances, what is called the ‘Data Controller’ of your personal data. We are responsible for deciding how we hold and use your data, for taking care of your data and ensuring that anyone we work with, who might need to access your data, also takes care of it and follows our rules. If there is ever a situation where another organisation or person is the Data Controller of your data, we will let you know.
Before we explain what data we collect, why we collect it and what we do with your data, if you have any questions or concerns, you can reach our Data Protection Officer via emailing firstname.lastname@example.org.
What we do with your data
Yes, if you are a current, previous or referred patient.
If you are a current, previous, or referred patient, then we may have your health and medical data, which is considered special category data. We process such data to provide your care and to ensure we meet our medical legal obligations. We may also process your race and ethnic origin data and/or your sexual orientation data as set out in Section 3 below.
Yes, via various physical and/or digital methods, including this notice.
No, there are situations where it is not necessary to obtain your consent.
Yes, we use your data for various analytical purposes (i.e. clinical research, evaluation of our services, outcomes and wellbeing analysis, message tailoring etc.). We always process such data with a lawful basis in line with our regulatory obligations (for more information about our lawful basis for processing your data please see Section 4 below).
Yes, but only with your consent.
Yes, The London Clinic has an extensive Records Retention Policy to ensure we keep information only for as long as we need to.
Yes, alongside applying industry best practice, The London Clinic are Cyber Essentials certified and compliant with the NHS’s Data Security and Protection Toolkit (‘DSPT’).
Yes, all staff receive training on a regular cycle.
Yes, we only permit access to those with a legitimate power or reason to access your information.
Yes, where your rights apply, we will process your request accordingly and, where they do not apply, we will explain this to you.
2. How we use your data
There are some specific scenarios where we want to give you a little more information. These include:
- How we use your data to operate this website
- How we use your data to support your care. whether you are a patient of The London Clinic or you are referred to us through another medical professional, insurance company and/or international medical service
- How we use your data to keep in touch with you about our fundraising activities
- How we use your data to progress your job application.
For each of the above points, we will outline each service we offer and why we use your data, where we ‘need’ it or where it is voluntary to share with us. We will also highlight what your rights are over that data.
3. What data we collect from you
We will need different pieces of information from you for different purposes which will be driven by your interaction with us. We will always keep the data we need to a minimum, and internally will ensure that only those with a legitimate need to see your data can do so.
The pages linked in Section 2 outline what information we need in order to meet each purpose, however, as a summary, the sorts of data we collect fall into the following categories:
This will include your basic contact details and ways for us to identify you. For example, your name, home address, email address, date of birth etc.
We need to be able to identify you to provide our services and contact you.
This will include any information about your physical and/or mental health.
We need to know all relevant details about your health in order to provide your care. Your medical practitioner can ask any questions that they deem relevant for your examination, treatment and/or healthcare.
This will include your ethnicity or race or any other similar data that might be relevant.
We may need to know details of your ethnicity in order to ensure we meet your specific needs, where medically relevant, or to meet our obligations under applicable law.
This will include your religious beliefs and religious based requests.
We do not openly request this information. Should this information be provided, it will be processed only where and to the extent it is medically relevant or to support with religious accommodations.
This will include details of your sexual preferences, sex life, or your gender identity.
Where medically relevant, we may need to know details of your sexual preferences, sex life, and/or your gender identity in order to ensure we meet your specific needs and/or provide your care.
This will include details of your genetic characteristics or genetic sequence.
Where medically relevant, we may process your genetic data in order to provide your care.
This will include details of your bank cards, bank account, insurance details or other financial data depending on how you choose to pay for any of our goods or services.
Where we need to take payment for any goods or services, we will need your financial data. This is kept to a minimum and secured to ensure a safe transaction in line with our compliance obligations including, but not limited to, Payment Card Industry Data Security Standard (‘PCI DSS’).
This will include details of your next of kin (name and contact details) or a family medical history. We will ask for family member names etc for a medical history only where relevant.
We may need to collect data on other people. For example, your next of kin for contact purposes or details of family medical conditions relevant to your care.
4. How we lawfully process your data
We use your data for a range of different purposes. To do so lawfully we need to have a legal basis for doing so. We normally process your personal data if it is:
- Necessary to provide you with your care - to enable us to carry out our obligations to you, arising from any contract entered between us. This may include the provision of services or treatments to you and related matters, such as billing, accounting and audit, credit or other payment card verification and anti-fraud screening
- In our, or a third party's legitimate interests to do so (e.g. in helping with medical safety, quality assurance and medical research, or managing our business operations). We will be utilising legitimate interests as our lawful basis under Article 6 UK GDPR in limited circumstances where the processing of your data does not impede your rights and freedoms. For more information, please refer to the ICO’s guidance on legitimate interests
- Required by any applicable law (i.e. to meet certain legal obligations placed on us by English law as a healthcare provider
- With your explicit consent for example: direct consumer marketing communications, participating in a clinical research project or clinical trial and/or engaging with third parties.
As part of your treatment, we are required to get your consent to the medical treatment itself. However, this consent shouldn’t be mistaken for consent to process personal data. As a private healthcare provider, we process your personal data in order to comply with our obligations under our contract with you. Generally, we will only ask for your consent to data processing if there are no other legal grounds to process. In these circumstances, we will always aim to be clear and transparent about why we need your consent and what we are asking it for. Where we are relying on consent to process personal data you have the right to withdraw your consent at any time by contacting us using the details below and we will stop the processing for which consent was obtained.
To process special category data (i.e. personal data that needs more protection because it is sensitive), we rely on additional legal grounds and generally, they are as follows:
- Necessary for the purposes of medical diagnosis, to provide health or social care treatment, or to manage health or social care systems and services. This may also include monitoring whether the quality of our services or treatment is meeting expectations
- With your explicit consent
- It is necessary to establish, make or defend legal claims or court action
- It is necessary so that we can comply with employment laws
- It is necessary for a public interest purpose in line with any laws that are applicable. This should assist in protecting the public against dishonesty, malpractice or other seriously improper behaviour for example, investigating complaints, clinical concerns, regulatory breaches or investigations e.g. the Care Quality Commission (‘CQC’), the General Medical Council (‘GMC’) or the Information’s Commissioner Office (‘ICO’).
5. Where we get your data from
We very rarely obtain information about you without your prior knowledge. We will collect your personal data either from you directly, from your Consultant, or from a referring body.
There might be some instances where we receive data about you from other organisations or people. For example, if we receive a piece of information from your General Practitioner (‘GP’), embassy or insurance company, you should know about it prior to us receiving the data or we may confirm we have received it as part of your interaction with your care team.
7. Where in the world your data is physically sitting
We use systems, technology and/or support vendors who may store or have access to physical or cloud storage which resides both in the UK and abroad. This includes countries both within the European Economic Area (‘EEA’) and, in limited circumstances, those further afield, for example the United States of America.
Where we store or share personal data with a third party in a country outside of the UK or EEA, we will put appropriate safeguards in place to protect that data in accordance with the applicable Data Protection Laws and the ICO’s guidance. These range from a contract with that third-party supplier through to technical measures to protect it while it gets there.
We may also need to share your data with a third party in a country outside of the UK if you are a resident of another country and that third party is authorising or providing part of your care.
8. How long we keep your data
We only keep your data as long as it is required either by English Law, health regulatory best practice, codes of practice, or our own legitimate business needs in line with our corporate policies.
The full range of retentions varies per record, some are only kept short-term, and some kept more long-term if they relate to legal matters or long-term medical conditions. Below are the considerations we use to determine the appropriate retention period:
- The purposes for which we process your personal data and whether we can achieve those purposes through other means
- The applicable legal, regulatory, tax, accounting or other requirements
- The amount, nature, and sensitivity of the personal data
- The potential risk of harm from unauthorised use or disclosure of your personal data.
9. How we protect your data
As you can appreciate, we cannot give you the full list of specific measures we have in place to prevent your data from being accidentally lost, used, accessed in an unauthorised way, altered or disclosed. However, please rest assured that we are committed to ensuring a high level of protection for your data while it is in our management.
Examples of some of the measures we have in place include:
- Agreed organisation-wide standards on security and data handling
- IT technical controls to limit access to your personal information only to those employees, agents, contractors and other third parties who have a business need-to-know
- Physical security controls on our buildings and wards
- Contractual controls with third parties (‘our house, our rules’)
- Training and awareness for all employees and Consultants
- Key roles in our organisation with specialist knowledge on Information Governance, Data Protection and Cyber Security to ensure your information is always protected.
10. What your rights are in connection with your data
Where we use your information with your consent, you control how that data is used and shared by The London Clinic. However, where we are using your data under a legal obligation or other grounds, your rights under Data Protection Laws are more restricted. For example, where we feel we need to share or use data to save your life very few of the Data Protection rights apply.
A summary of all the Data Protection rights and how they apply to your interactions with us is below:
This is known as a data subject access request whereby you can receive a copy of the personal data that we hold about you. This right applies in all circumstances, however there might be some scenarios where we cannot provide you with some of the information requested (i.e. to protect the rights of others or due to legal privilege/confidentiality). If that is the case, we will explain this to you as part of our response to your request.
You can correct any incomplete or factually inaccurate personal data that we hold about you. It is important to understand that this right does not extend to matters of opinion, such as medical diagnoses. This right applies in all circumstances, however there might be some scenarios where we cannot retrospectively edit your record. If that is the case, we will explain this to you as part of our response to your request.
We cannot always fulfil your request if there are specific legal reasons requiring us to retain your personal data. We will explain these to you, if applicable, when responding to your request.
You can ask us to delete or remove your personal data where:
There is no good reason for us continuing to use it
You have successfully exercised your right to object to us using it or you have withdrawn your consent
We may have processed your information ‘unlawfully'
We are required to erase your personal data to comply with English law.
You can object to our processing of your personal data if:
We are relying on legitimate interests and you feel it impacts on your fundamental rights and freedoms. We may be able to demonstrate compelling overriding legitimate grounds for the processing
We are processing for direct marketing purposes.
You can ask us to suspend processing of your personal data if:
You want us to establish the data’s accuracy
Our use of your personal data is unlawful, but you do not want us to erase it
You need us to hold the data to establish, exercise or defend legal claims, even if we no longer require it
You have objected to our use of your data, but we need to verify whether we have overriding legitimate interests to use it.
You can request that we provide you or your chosen third-party with your personal data in a structured, commonly used, machine-readable format (an excel spreadsheet for example). This right only applies to electronic/digital information that you have provided to us either with your consent or where we use the information to perform a contract with you.
If you give us consent to process your personal data, you can withdraw that consent at any time by emailing email@example.com.
At any time, you can complain to either us or the ICO about any concerns you have over how your data is being handled.
To register a complaint with us please email firstname.lastname@example.org.
To register a complaint with the ICO please visit their website at www.ico.org.uk or address a letter to Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or call their helpline on 0303 123 1113.
How you can find out more information
If you have any questions or queries about how we handle your personal data at The London Clinic, please get in touch at email@example.com.
Version 2.0. This notice was last updated in February 2022.