Sarah,
Direct care is defined as
"a clinical, social or public health activity concerned with the prevention, investigation and treatment of illness and the alleviation of suffering of individuals. It includes supporting individuals' ability to function and improve their participation in life and society as well as the assurance of safe and high quality care and treatment through local audit, the management of untoward or adverse incidents, person satisfaction including measurement of outcomes undertaken by one or more registered and regulated health or social care professionals and their team with whom the individual has a legitimate relationship for their care."
Caldicott, Fiona. March 2013, 'Direct care of individuals', The Information Governance Review, p35-37
What you are describing if a service offer - in line with Schedule 2 of the DPA, you would need informed consent for this activity. Would they expect this as part of their care pathway... I'd expect not.
Rachael
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 12 August 2016 14:03
To: [log in to unmask]
Subject: Re: [data-protection] Direct Care or Marketing
The NHS collects patient data for ONE purpose only. That of direct care. You can look up the definition of direct care and that is your answer. Essentially, "no".
However, there is nothing to stop you collecting relevant consents for this work or using information commensurate with the Care Record Guarantee. What is critical though is that you have suitable fair processing notices at all points of contact so that patients are aware of how their information is being, and might be used, and understand the powers they have in respect of dissent etc.
Also, as Tim points out, if it's direct marketing then you have extra work to do, especially as a healthcare organisation that you have up to date and accurate information and that you don't ask to speak to a deceased patient...
Simon Howarth.
On 09/08/2016 14:37, White Sarah (DEVON DOCTORS LTD (NQW)) wrote:
> Hi All
>
> Our company provides a variety of healthcare services to patients commissioned by the NHS. Some are in hours e.g. GP surgeries, some are out of hours, e.g. providing urgent primary care and NHS 111 services.
>
> A query has been raised as to how we use patient information given to us for care and treatment. It's been asked if we could contact patients on the phone when they ring in, and for those who have rung in in the past, via telephone using the numbers they have given us and also by letter, to offer them other healthcare services. For example, we could search our system for all patients currently not registered with a GP and contact them periodically offering to get them registered at a convenient surgery.
>
> My query is (that I can't seem to find an answer to on the ICO website) to what extent is this a further example of direct care or does this constitute marketing and engage PECR?
>
> Best wishes and thanks in advance
>
> S
>
>
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