Data Protection Patients Rights
Under the Data Protection Regulation 2018 and the GDPR an individual has the following rights:
The right to be informed – you have the right to know about what personal data we hold, where this information comes from, how we use it and with whom we share it.
For more information about what data we hold please see our Data Protection Code of Practice for patients and the Privacy Notice.
The right of access – to their dental record, held on our records card and within our dental software. A request from a patient to see their record or to obtain a copy must be referred to Dr Ash Deved. The patient will have an opportunity to come into the practice to discuss their record. Care will be taken to ensure that the individual seeking access is the patient in question and where necessary the practice will seek information from the patient to confirm their identity.
The access to dental record may be obtained by making a request in writing and it will be free of charge. The copy will be provided (in person, by email or post) within one month. We may require an explanation for the request. We can refuse the request if the reason is unfounded or excessive. In this case we will tell you the reason for refusal. You have the right to complain to the Supervisory Authority and to Judicial Remedy.
The right to rectification – this means that you can inform us to correct errors which occur in your personal details. You can make this request verbally or by writing to the Practice.
The right to erasure – even if you have signed the Communication Consent Form you have the right to withdraw the consent (mail, email, phone or text) by emailing at or calling the practice on 0208 460 1065, at any time.
The right to data portability – this gives individuals the right to receive personal data they have provided to a controller in a structured, commonly used and
machine readable format. It also gives the right to request that a controller transmits this data directly to another controller.
It allows individuals to obtain and re-use their personal data for their own purposes across different services; it allowed them to move, copy or transfer personal data easily from one I.T to another in a safe and secure way, without affecting its usability. If the request information includes information about a third party we will need to consider whatever transmitting the data will affect the right or freedoms of this third party. We use secure methods to transmit them and we have processes in place to ensure that we respond to a request for data portability without undue delay and within one month of receipt.
The right to object – gives individuals the right to object to the processing of their personal data. This effectively allows individuals to ask you to stop processing their personal data. When we receive an objection to processing for direct marketing we will stop processing the individual’s data for this purpose within in one month. An individual can make an objection verbally or in writing and we have one calendar month to respond to this objection.
The right not to be subject to an automated decision-making – individuals have the right not to be subject to a decision when it is based on automatic processing and when it procedures an adverse legal effect or if it significantly affects the individual. We should inform an individual if we make a qualified significant decision about them. The individual has 21 days to request for us to review the decision or take a new decision which is not bases solely on automatic means. We need to respond to the data subject within 21 days of receipt of their request and outline the steps we have taken as well as the outcome.
Data Protection in All Smiles Dental Practice
The Data Protection Acts (1984 and 1998) were introduced to safeguard the holding and processing of personal data in an increasingly computer-driven age. The 1984 Act applied wholly to electronic data, whilst the 1998 Act extends controls to paper records as well.
For dentists, there are the additional requirements of the General Dental Council on patient confidentiality, as well as the Access to Health Records Act 1971 to take into consideration. The GDC’s requirements are professional, rather than legal, whilst the 1971 Act has implications for all health professionals: its requirements are not, largely, superseded by the Data Protection Act.
Additionally, European Directives applying to Data Protection are also now in place and apply to all forms of data.
The following requirements apply:
If you have a practice or home computer system which records any personal data (see below), you must register with the Information Commissioner (website references at the end of this section), and maintain your registration on an annual basis.
You must have a data protection policy and ensure that all your team comply with it and the requirements of the Acts.
You must have a system for responding to requests for data access by subjects (such as current or former staff, patients or their representatives).
If you do not have a computer system, you must ensure that all your paper records are compliant by October 2007, and register after that date.
Professionally, the GDC requires you to maintain strict confidentiality in relation to all dealings with patients, including, but not limited to, their personal data.
Dentists have frequently been requested to register via an agency for fees of around £95. Agencies act as third parties, despite their documentation appearing to be from a Data Protection Registrar, and it is a relatively simple process to register directly with the Information Commissioner’s Office for £35.
About data protection
There are eight data protection principles with which all data users (such as dentists) must comply. Personal data must be:
Processed fairly and lawfully.
Processed only for specified purposes and in an appropriate way.
Relevant and sufficient for the purpose.
Accurate and up to date.
Kept only for as long as necessary.
Processed in accordance with individuals’ rights.
Transferred to countries outside Europe only if the receiving country has equivalent controls.
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