CLINICAL PRIVACY POLICY

Mind Right Clinicians are bound by the same rules on medical confidentiality as all other members of the medical profession. These rules are designed to protect an individual from the release of personal, confidential information to non-medical personnel, without the individual’s consent. Mind Right Clinicians adhere to these principles, and this is considered vital to protect the professional integrity of the Service, and to maintain confidence in those that have been referred to Mind Right for Psychological services.

Confidentiality will be maintained at all times. A report to the referring manager will therefore only include the amount of medical detail allowed by the referred individual. Generally, such a report will include medical detail as necessary, and general information on the practical implications of the health problem in question. A manager/ insurer will therefore have enough information to take the appropriate action required.

The advice given by Mind Right is directly related to the treatment provided and we will ensure data we process is relevant and not excessive for these purposes, and we will not process data for any other purpose. This may include:

• The length and duration of treatment sessions
• Goals identified and whether these have been met
• Results from any Mental Health tools used in order to identify depth of the condition and symptoms
• Whether or not an individual is suffering from a health problem which will have an impact upon their fitness.
• If limitations will apply, whether these limitations are likely to be temporary or permanent
• What steps could be taken to assist with an individual’s return to normal function
• Arrangements which have been made for further review or treatment
• Any additional information required from the referrer to assist in making a recommendation

If you are unclear about any of the outlined above, please discuss them with the Clinician prior to your assessment taking place.

Data Protection Act 1998

The information we will be asking you about and will be recording is sensitive personal data as it will relate to information about your health, medical history and any treatments you have received. We require your written consent before we can accept and process your personal sensitive data. You have the right to see any information we hold about you in your health record. To do so, you can request copies of the information held by writing to us. If you believe any of the information held is inaccurate or misleading, you can request that an amendment is attached to the health record.

Mind Right: Your Personal Data

Your Personal Data

Why we need it:

We need to store and use your personal data and health data for one or more of the following purposes:

• assisting you with your recovery and rehabilitation following injury or illness
• assisting Stakeholders in administering an Insurance policy or a claim
• arranging medical treatments, diagnoses or other support for you
• providing medical assessments or reports for insurance or employment purposes

All audio from telephone and video calls to and from Mind Right may be recorded for these purposes, and is also used for internal training, quality and administration purposes.

Mind Right and the data we process:

Mind Right provides Psychological Services. We have been instructed by your insurer, solicitor or employer to support you in your therapy needs. We will receive personal data such as, for example, your name, address and contact details and details about your one or more of: your injury, any insurance policy/claim and your employment from the stakeholders above. We will then add data you share with us directly, as well as data obtained from your treating practitioners and hospital/treatment facilities, and other stakeholders as your case progresses. Some of this information consists of special categories which receive further protection under law – primarily data regarding your health. We’ll also record the audio of telephone and video calls we make to and from you. We may contact you directly where we believe our services may be of interest to your company. In these circumstances we will engage with an appropriate point of contact within your organisation, using details gained via sources including but not limited to publicfacing websites and social media platforms such as LinkedIn, or where we may have provided our services to your company in the past. We will keep this information for 7 years unless you request otherwise.

How we use and protect your data:

We have a data protection framework in place which provides technical and organisational measures to ensure the effective and secure processing, storage and transfer of your personal data.

We will always process your data in accordance with the General Data Protection Regulations or other Data Protection legislation that may be in force.

All our staff are trained in data protection measures and your rights under data protection law. If you request we no longer contact you to promote our services, we will maintain your information in a suppression list to enable us to ensure we no longer send you promotional materials. All your personal data remains in the UK, and in any event will not be transferred out of the EEA. We don’t make automated decisions about you based on the data we store. In line with medical best practice, we will retain your personal data – which forms an important health record – for an appropriate retention period. Our retention policy is based on guidance provided by the NHS. Most records are kept until the end of the 7th year after our last regular contact with you, however, there are exceptions. We have a detailed information security framework which is designed to protect your data in our computer systems. If you would like to discuss any specific queries around these measures, you can email us at info@mindright.co.uk.

Sharing your data:

Your personal data – including data in special categories like health – will be shared between Mind Right and the Stakeholders involved in your case. Relevant information will also be shared with treatment or service providers required for your treatment. This will only be done for the purposes described above.

Around the time we first contact you we will inform you of which stakeholder instructed Mind Right and shared your data with us. We will not share your information with third parties for any reasons other than the purposes above, and we specifically will not use your information for marketing purposes. As it is in our legitimate interests to process and share your data for these purposes, we are not relying on your consent to process or share your data. However, we will still ask for your agreement before sharing any information with – or requesting any information from – third parties, as those third parties may not release the information we need to support you, without your agreement. In the event you do not provide your agreement for us to share and receive data with the Stakeholders, or you withdraw your agreement to do so later, it is unlikely we will be able to continue your rehabilitation.

Contacting Mind Right or the ICO about your data:

• You have the right to object to Mind Right processing your data
• You have the right to object to direct marketing
• If at any point you believe the information we process about you is incorrect, you have the right to have it corrected
• You also have the right to see the information we process about you
• You may also have the right to have your data deleted

In the first instance, you can exercise these rights by speaking to your clinician or contact Mind Right management by phone, email or in writing to info@mindright.co.uk

If you wish to raise a complaint about how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter. If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law, you can complain to the Information Commissioner’s Office (ICO) – more details are available at https://ico.org.uk/concerns