We record our telephone calls for two reasons, firstly to protect patients, staff and other health workers. Patients are protected by our having a record of our conversations with you, staff and other health workers are protected from potential abuse. Secondly we record some calls, because they can contain clinical information which could become part of your medical records. We also occasionally use recordings for staff training and quality control.

When you register with us we will make this clear to you; we will also make this clear to you each time you call the Surgery and via our website.

Calls that contain only administrative information, such as enquiries about appointments, are only retained for 4 weeks and are then routinely deleted.

Calls, or transcripts of calls, audio or audio-visual recordings or elements of the discussion you have with the clinicians that contain clinical information may be added to your medical records, but this will be clarified with you at the time.

The recordings are stored on hard drives kept in-house provided from our telephone supplier, X-on Surgery Connect who have no immediate access to them.

These recordings will not usually be shared outside the practice unless under a previously indicated guideline, for example a court order.

If we hold recordings that have not been deleted you can ask for copies via a subject access request.

As all calls are recorded, if you object to your call being recorded you have the right to request that the call be terminated and the correspondence occur in a different fashion, such as through the website, via email or at the reception desks.

Our CCTV audio and visual recordings are stored on hard drives kept in-house provided from our CCTV Suppliers, Swann and Scorpio, whose staff have no immediate access to them.

We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections.

1) Data Controller contact details	Saxonbrook Medical Maidenbower Square Crawley West Sussex RH10 7QH
2) Data Protection Officer contact details	West Sussex CCG are in the process of appointing a designated Data Protection Officer (DPO). This notice will be updated with their details once this becomes available. Until this time, Saxonbrook Medical’s interim DPO is: Trudy Slade.
3) Purpose of the processing	To facilitate your access to care and in the case of telephone or other audio visual consultations for your direct care.
4) Lawful basis for processing	The processing of personal data in the delivery of direct care and for providers’ administrative purposes in this surgery and in support of direct care elsewhere is supported under the following Article 6 and 9 conditions of the GDPR: Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’. Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services…” We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*.
5) Recipient or categories of recipients of the processed data	Necessary data will be shared with Health and care professionals and support staff in this surgery. Clinical data or records of consultations may be transcribed or appended to the records we hold on you and may thence be shared at hospitals, diagnostic and treatment centres who contribute to your personal care. Actual recordings will not be shared with anyone outside the practice. Please see our Privacy Notice for Direct Care.
6) Rights to object	You have the right to object to some or all the information being processed under Article 21. Please contact the Data Controller or the practice. You should be aware that this is a right to raise an objection, that is not the same as having an absolute right to have your wishes granted in every circumstance.
7) Right to access and correct	You have the right to access the data that is being shared and have any inaccuracies corrected. We can provide copies of recordings, provided that the request is made within 28 days of the telephone call. There is no right to have accurate medical records deleted except when ordered by a court of Law.
8) Retention period	We will keep recordings for three months. Clinical data transcribed from your telephone or other electronic consultations becomes part of your clinical record and is retained according to relevant rules and regulations, see Privacy Notice on Direct Care. Privacy Notice – Recording telephone calls and CCTV.
9) Right to Complain.	You have the right to complain to the Information Commissioner’s Office, you can use this link www.ico.org.uk/global/contact-us or call their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate) There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website).

* “Common Law Duty of Confidentiality”, common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as ‘judge-made’ or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent.

The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider’s consent.

In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.

Three circumstances making disclosure of confidential information lawful are:

• where the individual to whom the information relates has consented;
• where disclosure is in the public interest; and
• where there is a legal duty to do so, for example a court order