We are recommended by a GP Practice in Wellinborough as the orgainsiation to contact regarding opting out of the NHS Care Records. See here.
Helen
National Coordinator
The Big Opt Out
Everyone may interested in the DH definition of confidentiality in correspondence I have had with the DH this week. The DH Solicitor has now clarified the issue
According to the DH only NHS Clinical Records are covered by medical confidentiality. Anyone who sent their details to the DH re Sir Liam Donaldson request last December to know the names of everyone who wanted to opt out or who have contacted the DH or their PCT with regards opting out none of this correspondence is necessarily confidential. The DH have asked I make the clarification on this issues they sent me available to the public.
The relevant sections are here:
"However, the Department of Health does not provide clinical care directly to patients and issues of medical/clinical confidentiality rarely arise".
"The question of whether or not the Department is subject to a legal obligation of confidentiality needs to be considered on a case by case basis. Regardless, the Department will not generally publish correspondence or publicly make reference to details that are not in the public domain and will of course comply with the requirements of all applicable legislation."
" In your e-mail you also referred to PCTs. Whilst it is for each PCT to determine its own policy in managing complaints and casework, the general points I have outlined above will apply."
It seems the DH has no clear definition on what is confidential and they making it up as they go along. Anyone contacting the DH or their PCT with concerns /queries on opting out has no guarantee these concerns will remain confidential. Indeed they imply anyone talking to the Press or even posting on this forum will have no confidentiality.
The above correspondence took place at very senior level in the DH with Mike Walker Director of Digital Information and Health policy. The clarification on this issue has come from the DH Solicitor so effectively written in stone.
I am happy to make this email correspondence available to anyone who wants it.
On this basis how can anyone have any confidence at all in whole NHS Care Records?
This serves as cautionary warning to anyone living in an Early Adopter area Bury, Bolton or Dorset if you contact your PCT or the DH with queries they are not necessarily confidential.
This correspondence with the DH begs the very serious question as to why the DH and PCT's are not making patients aware that confidentiality is decided on a case by case basis, if you contact them on any issues?
Why are there not leaflets in GP surgery's and Hospitals. Why is not on the relevant PCT's, DH, Connecting for Health and NHS Care Records web sites. Also why is not clearly published in the Early Adopter literature that is being sent to patients in Bury, Bolton and Dorset? Patients should be made aware of this situation so they can make there own informed decisions.
Remember you can sign our Opt Out Letter and give it to your GP. Also remember to protect your confidential with your GP and your PCT. Its your legal right to say you do not want your information shared with 3rd parties.
Helen
National Co-ordinator
The Big Opt Out
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On Friday I received a rather starling email from Mike Walker Director of Digital Information and Health Policy at the Dept of Health about my personal case regarding opting out of NHS CRS . It said the following:
"There is no question of anyone in the
Department of Health becoming involved in your clinical care or having
access to your NHS clinical records without your explicit consent. However,
other correspondence is not covered by medical confidentiality."
This has very serious implication firstly your NHS Clinical Records comprise of your GP medical records and Hospital medical records these can be either paper or computerised records. Primary Care Trusts (PCTs) and the Dept of Health do not keep NHS Clinical Records on patients these are kept by your GP and any Hospital.
Does this mean that back in December 2006 when Sir Liam Donaldson Chief Medical Officer wanted all the names and addresses of everyone who wished to opt out of the NHS Care Records to be sent to the Dept of Health that none of this correspondence is confidential?
The PCT’s maintain the lists of patients registered with GP’S in their geographical area. These details include patient name, address, date of birth, NHS number, ex directory phone numbers, mobile numbers and GP details. According to the DH email this is not confidential as it does not form part of the patient’s NHS clinical record as it held by the PCT and its the patient’s GP keeps the NHS clinical record.
When you attend a hospital appointment the referral is generally sent via your Primary Care Trust’s (PCT) Referral Management Centre and often a copy is kept by the PCT. Does this mean that your hospital referral that is sent to your PCT is not confidential as your GP keeps a copy of your referral for your medical records at the surgery and the hospital gets a copy for your medical records at the hospital? Hence the copy the PCT keeps of your referral does not form a part of your NHS clinical records and so is not covered by medical confidentiality?
Also all cervical cytology (smear test) results and breast screening results are automatically sent to the PCT without patient consent. Does this mean they are not confidential because they do not form part of your NHS Clinical Records as your GP also gets a copy of the results for your medical records?
Every time anyone attends any hospital appointment all these details date of birth, post code, NHS number, GP details, hospital attended, Consultant details, Clinic attended, diagnosis, procedure, inpatient and outpatients details, whether you are to be seen again etc are all sent to a private company McKesson in Warwick. McKesson then sends all of these details to your PCT, Strategic Health Authority, Dept of Health and even Dr Foster. See Helen’s story. Does this mean that none of this correspondence is confidential as it does not form part of your NHS Clinical Records ie your GP and Hospital Medical Records?
Does it also mean that if you have contacted the DH or your PCT, with any queries regarding opting out of the NHS Care Records, none of your correspondence with them is not confidential?
WHAT YOU CAN DO:
Tell your GP and Hospital you do not agree to have your records etc shared with 3rd parties such as your PCT and McKesson. It is your right to say you do not want your information shared with 3rd parties.
Sign our Opt Out Letter and give it to your GP surgery.
If you want clarification on this and what information is confidential contact Linda Percival Director of Customer Services at the DH linda.percivalATdh.gsi.gov.uk. Do let TBOO know the outcome.
I have requested urgent clarification on this situation from the DH.
Helen
National Coordinator
The Big Opt Out
Dorset is to be the next place to roll out the Summary Care Record aka SPINE.
Protect your privacy, download our Opt Out Letter and give it to your GP surgery today.
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