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Privacy Policy

Data Protection and GDPR Policy

Policy Title: Data Protection and GDPR Policy
Author: Lisa Perry and Hannah Freeman
Date: 1st September 2025
Review Date: 1st September 2026

 

1. Scope of Application

This Data Protection and GDPR Policy applies to the independent practitioner clinic and all staff (if applicable) who handle personal and sensitive data. The policy governs the collection, processing, storage, and sharing of personal data to ensure compliance with General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

The independent practitioner is responsible for ensuring that all data protection measures are in place and that all activities comply with UK data protection laws. This policy also outlines the rights of clients regarding their personal data and how these rights are respected and upheld.

 

2. Purpose and Objective

The primary purpose of this policy is to establish procedures and guidelines for the safe and lawful processing of personal data within the clinic. The objectives of this policy are to:

  • Ensure Compliance: Ensure that the clinic complies with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

  • Protect Client Privacy: Safeguard the personal and sensitive data of clients, ensuring that their data is processed fairly, lawfully, and transparently.

  • Maintain Data Security: Implement strong data security measures to protect personal data from unauthorized access, loss, or theft.

  • Ensure Accountability: Ensure that all staff members are aware of their responsibilities regarding data protection and privacy and are trained to handle data appropriately.

  • Uphold Client Rights: Respect and uphold clients’ rights under GDPR, including the right to access, correct, and delete their personal data.

 

 

3. Legal and Regulatory Framework

This policy is designed to comply with the following legislation:

  • General Data Protection Regulation (GDPR): The GDPR governs the processing of personal data within the EU and the UK. It aims to protect the privacy and rights of individuals regarding their personal information.

  • Data Protection Act 2018: This Act supplements the GDPR and sets out specific provisions for the processing of personal data in the UK, including provisions for handling sensitive data and the rights of individuals.

  • The Privacy and Electronic Communications Regulations 2003 (PECR): These regulations govern the use of cookies, marketing communications, and electronic communications within the clinic.

  • The Care Quality Commission (CQC): The CQC requires that healthcare providers implement adequate data protection practices to protect patient privacy and ensure that patient records are managed securely.

 

4. Data Collection and Processing

Personal Data

Personal data is any information that can be used to identify a living individual. This includes, but is not limited to:

  • Name, address, date of birth, and contact details

  • Medical history, treatment records, and health data

  • Payment and financial details

Sensitive Personal Data

Sensitive data includes information related to:

  • Racial or ethnic origin

  • Health data, including medical conditions and treatment history

  • Religious or philosophical beliefs

  • Sexual orientation

Sensitive data must be processed with extra care and in accordance with GDPR principles.

Lawful Basis for Processing Data

Under GDPR, personal data can only be processed if there is a lawful basis for doing so. The independent practitioner must ensure that one of the following lawful bases is met:

  • Consent: The client has explicitly consented to the processing of their personal data for a specific purpose (e.g., treatment or service delivery).

  • Contractual Obligation: The processing is necessary to fulfil a contract with the client (e.g., providing treatment or services).

  • Legal Obligation: Processing is necessary to comply with a legal obligation (e.g., reporting certain medical information).

  • Legitimate Interests: The processing is necessary for the legitimate interests of the clinic, provided these interests are not overridden by the client’s rights and freedoms.

Data Minimization

Personal data should be collected only to the extent necessary to fulfil the intended purpose. The clinic should avoid collecting excessive or irrelevant data.

 

5. Data Storage and Security

Data Storage

All personal data must be stored securely, ensuring that it is protected from unauthorized access, loss, or theft. The clinic must use appropriate physical and technical measures, such as:

  • Encryption: Encrypting sensitive data when stored electronically or transmitted over the internet.

  • Access Control: Restricting access to personal data to only those individuals who need it to perform their duties.

  • Secure Filing Systems: Physical records containing personal data should be stored in a locked, secure location.

  • Cloud Storage: If personal data is stored in cloud services, the independent practitioner must ensure that the provider complies with GDPR requirements and that data is encrypted.

Data Retention

Personal data should not be retained for longer than necessary. The clinic should establish clear retention periods for different categories of data. Once the retention period has expired, personal data should be securely deleted or anonymized.

Data Security

The clinic must implement robust security measures to protect personal data, including:

  • Regular software updates and security patches to protect against data breaches.

  • Strong passwords and multi-factor authentication for systems containing personal data.

  • Regular backup of electronic data to prevent data loss.

  • Staff training on data security and handling of personal data.

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6. Client Rights Under GDPR

Under GDPR, clients have several rights regarding their personal data, including:

  • Right to Access: Clients have the right to request access to their personal data and obtain a copy of the data held by the clinic.

  • Right to Rectification: Clients can request that inaccurate or incomplete data be corrected.

  • Right to Erasure: Clients can request the deletion of their personal data when it is no longer needed for the original purpose or if consent is withdrawn.

  • Right to Restrict Processing: Clients can request that their data be restricted from being processed in certain circumstances (e.g., if they contest the accuracy of the data).

  • Right to Data Portability: Clients have the right to obtain their personal data in a structured, commonly used format, and transfer it to another service provider.

  • Right to Object: Clients can object to the processing of their personal data for direct marketing or for purposes based on legitimate interests.

Clients must be informed of these rights and how to exercise them. The clinic should have a procedure in place to handle such requests within the statutory one-month timeframe.

 

7. Data Sharing and Disclosure

The independent practitioner must ensure that personal data is not shared with third parties without the client’s consent unless one of the following applies:

  • Contractual Obligations: Sharing is necessary to fulfil a contractual obligation with the client (e.g., referral to another healthcare provider).

  • Legal Requirements: Personal data may be shared if required by law, such as for reporting health conditions to public health authorities.

  • Consent: If the client has given explicit consent to share their data with a third party, such as another healthcare provider or insurer.

When sharing data with third parties, the clinic must ensure that appropriate data protection safeguards are in place, such as data-sharing agreements or contracts.

 

8. Training and Awareness

The independent practitioner must ensure that they and any staff members (if applicable) are adequately trained in data protection principles and the clinic’s data protection policies. Training should include:

  • Understanding the principles of data protection and GDPR requirements.

  • The client’s rights under GDPR and how to process data requests.

  • Proper handling, storage, and disposal of personal data.

  • Data security practices, including safe use of systems and devices.

Training should be provided at induction and refreshed regularly to ensure ongoing compliance.

 

9. Monitoring and Compliance

The independent practitioner must monitor data protection practices to ensure compliance with GDPR and the clinic’s policies:

  • Regular Audits: Conduct regular audits to ensure that personal data is being processed in line with GDPR principles.

  • Incident Reporting: Any data breaches or security incidents must be reported immediately and investigated to determine their cause. Clients should be notified of any breach that may affect their privacy.

  • Annual Reviews: Review the clinic’s data protection practices and procedures at least annually to ensure that they remain compliant with GDPR and reflect any changes in legal or regulatory requirements.

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10. CQC Cross-Reference Table

CQC KLOE

Policy Section

Regulatory Reference

Safe (S1)

Data Security, Personal Data Protection

GDPR, Data Protection Act 2018, NMC Code (2018)

Well-Led (W1)

Data Management, Training and Compliance

CQC Leadership and Governance KLOE, GMC Good Medical Practice (2013)

Effective (E1)

Client Rights and Data Processing

GDPR, Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

Responsive (R1)

Client Access to Personal Data and Feedback

Data Protection Act 2018, GDPR

Caring (C1)

Client Confidentiality and Trust

NMC Code (2018), GMC Good Medical Practice (2013)

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11. References

  • General Data Protection Regulation (GDPR)

  • Data Protection Act 2018

  • The Privacy and Electronic Communications Regulations 2003 (PECR)

  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

  • NMC Code (2018)

  • GMC Good Medical Practice (2013)

  • GPhC Standards for Pharmacy Professionals (2017)

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