It's your data, nobody else's




"I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know."

Hippocratic Oath, modern version (1964)


This non-commercial website represents the personal views of Dr Neil Bhatia, GP and Caldicott Guardian for the Oaklands Practice.

This site provides information on the Summary Care Record (or NHS Database). The information on this site will be of use to everyone, not just patients registered at our practice.

I am happy for any GP practice to download and use the information/handouts/leaflets and documents on this site for their own surgery use, amended as appropriate.

Much of the information and guidance on this site was extracted from sources via the Freedom of Information Act.


The Department of Health (DoH) is desperately hoping to transfer everyone's medical history to yet another massive, centrally–held, government–controlled database, making patients' medical data potentially viewable to hundreds of thousands of NHS staff nationwide.

The plan is for patients' medical data to be uploaded by default, unless the patient actively objects – an "opt out" mechanism: that is, if you do and say nothing, your data will be uploaded. In other words, the DoH believes that everyone should be assumed to be happy to have their information uploaded and be required to formally object if not.

The British Medical Association, as well as very many GPs, does not support presumed (or "assumed") consent but strongly believes that patients should be asked to give informed, explicit consent before any of their health records are placed on a national database, i.e. an "opt in" mechanism: your data should remain with your GP until such time as you indicate that you actively wish for it to be uploaded (if ever).


At the British Medical Association conference in June 2010, the BMA adopted the following formal policy motions:

That this meeting deplores the accelerated roll-out of the Summary Care Record and:

  • believes that patients who wish their Summary Care Record to be uploaded centrally should be asked to give explicit consent to this
  • demands that general practitioners are appropriately funded to undertake the work generated in their practices by the Summary Care Record programme
  • considers that the BMA should formally and publicly abandon its acceptance of an 'opt-out' system
  • asks the BMA to explore the withdrawal of all co-operation with a system based on implied consent

In July 2010, the BMA GPs committee adopted the following formal policy motions:

That GPC believes that, after consideration of the UCL Report (2010) in respect of the Summary Care Record (SCR) in England:

  • the clinical benefits are insufficient to justify continuation at present, particularly at a time when patients are being denied proven clinical services on the grounds of expense
  • the clinical benefits are insufficient to justify the creation without fully informed explicit consent
  • the clinical benefits are insufficient to justify GPs consenting to the upload of data on behalf of patients who have not expressed consent
  • the creation of SCRs in England should be halted until the full review of the model, and other models, has taken place to address cost-effectiveness and the need for informed and explicit consent of patients


OUR PLEDGE
Download "The Oaklands Practice and the NHS Database" factsheet

The Oaklands Practice will not upload our patients' medical details to the NHS Database without their active and explicit consent

We have said this since 2006.


The Oaklands Practice does not believe that patients should be automatically opted-in to have a Summary Care Record uploaded.

We will not process your data in this way without your explicit consent.

We will not process your children's data in this way without your explicit consent.

We will not make your data accessible in this way until you say so.

We will not make your children's data accessible in this way until you say so.

We will not presume consent simply by the absence of any refusal.

The exemplary GP:
  • respects the patient's right to confidentiality
  • keeps patients' information confidential
  • preserves patients' confidentiality

Good Medical Practice (joint RCGP/GPC Guidance) July 2008


"GPs must always work in partnership with patients, respecting their dignity and right to confidentiality"

British Medical Association, August 2010

The Oaklands Practice believes that, as a patient, you should have the right to actively choose what should happen to your medical records and whether we should transfer information in these records to other organisations.


You should be in charge of your medical records.
You should be in control.
You should decide if your data is processed in this way.

If you want your information shared, we will make it easy for you to opt in based on explicit consent with clear information.

If you want more information stored, it will also be your choice, based on explicit consent with clear information.

"As patients, there should be no decision about us, without us."

Rt Hon Andrew Lansley CBE MP, Secretary of State for Health


We are honest and upfront about how we will (or will not) process your data when it comes to the Summary Care Record.


Do I need to opt out if the Oaklands Practice will not upload my records without my explicit consent?

No, if you are registered at the Oaklands Practice then you do not need to opt out to ensure your medical records are not uploaded until you say so.


If I opt out, can I opt back in?

Yes, you can opt in - or back in - to the NHS Database at any time.


What are GP practices doing about the Summary Care Record?

GP practices can do one of only three things.

They can upload their patients' data to the NHS Database under the current Connecting for Health model, that is under assumed consent.
Unless patients successfully opt out, their records will be uploaded.

Practices who do not believe that their patients' data should be uploaded in this way can refuse to have anything to do with the Summary Care Record programme.

Finally practices can run an opt-in programme, whereby they will only upload the records of those patients who have given their explicit consent to have a Summary Care Record.
This is the approach that the Oaklands Practice has taken since 2006.


Are GP practices obliged to be involved in the NHS Database programme?

GP practices are under no obligation to upload medical records to the NHS Database (or Summary Care Record). There is no obligation on healthcare staff to take part in the process at present.

GP practices are perfectly entitled to decline to be involved when the NHS Database is rolled out in their area.

GP practices are under no:

  • contractual obligation
  • legal obligation, or
  • moral obligation

to upload the medical records of their patients without their explicit consent.

"Understand that a practice does not have to engage with the SCR programme. It is an 'opt in' scheme for practices."

"There is an expectation that practices will cooperate to offer their patients the SCR, in other words that practices will participate, but it is not a GP contractual requirement."

"If practices choose not to participate it is likely they will come under pressure from their PCTs and SHAs, though there is no mechanism that can enforce practice participation."

"Our position remains that the decision whether to proceed with SCR uploads rests with the GP practice."

British Medical Association

Those GP practices that do decide to be involved in the NHS Database programme - whether they decide to run an opt in or an opt out system - are also under no obligation to upload medical records after just 12 weeks of the so called "patient information programme".

"There is no deadline for practices to satisfy themselves patients have access to sufficient information to make an informed decision."

  • The rollout period has no deadline by which practices must upload their patients SCR codes
  • The upload process can only happen when a practice is ready
  • Practices not PCTs decide when they are ready

Londonwide LMCs


How will the Oaklands Practice ensure an opt-in programme?

We ensure this by adding a read code (an electronic "red" flag) to all our patients' GP records. This read code (93C3) has just one purpose only - to prevent the automatic uploading of sensitive medical data to the NHS Database.

You can opt in, or back in, to the NHS Database at any time and have a Summary Care Record created. There is no deadline to opt in by.

If and when you opt in, you can choose to have a Basic Summary Care Record or an Enriched Summary Care Record (see later for the differences between the two). The choice is yours.

If you opt in then we will remove the flag from your records, or override it.

Opting in will allow your data to be uploaded whenever the Summary Care Record goes live in Hampshire.

The read code serves no other purpose - your GP can and will still share information about you with other health professionals when necessary.

We have produced a detailed factsheet about our opt-in approach to the Summary Care Record.

Our SCR Policy document, detailing the steps that we have taken as regards ensuring an opt-in scheme, can be downloaded here.



Guidance for GP practices wishing to run an explicit opt-in programme

Any GP practice is free to download, amend and use any or all of the documents, policies, leaflets or web pages that we have produced in order to run an opt-in scheme for the Summary Care Record.

The ICO has provided some guidance for GPs who wish to opt out their patients en-masse.

  • The ICO regards the en-masse adding of the opt out read code as processing of data and as such falls under the Data Protection Act
  • Accordingly, patients must be informed that this is happening - fair processing information must be provided
  • The ICO has published useful guidance about providing such information - Privacy notices code of practice

GP practices who wish to add the upload-blocking read code to all their patient records need to consider the following ideas as regards fair processing:

Provide information and make it easily accessible
Make full use of the technology available to you to promote transparency and fairness

Consider any or all of the following:

  • Your practice booklet
  • Posters, handouts and leaflets in the waiting room, lobby and at reception
  • A detailed factsheet
  • Your practice newsletter
  • Messages on the repeat prescription slips
  • Chitties attached to repeat prescription FP10s
  • Messages on auto-responses to practice emails
  • Messages on electronic patient display boards
  • A message in the footer of your practice-generated letters to patients (QoF or immunisation reminders, flu programme, research invitations etc)
  • An A4 factsheet sent with practice-generated letters to patients (this can simply be the lobby poster as above)
  • Your practice website
  • The NHS Choices website
  • Consider writing a simple mobile phone webpage, such as this one
  • Create a QR code link for the site and add it to posters, handouts and booklets.
  • An article in the local paper
  • Your FOI Publication Scheme
  • Point patients to other useful sources of information and alternative viewpoints on the SCR - for example, The NHS Care Records website, The Big Opt Out website, and this website
  • Consider proactively contacting patients that haven't attended the surgery for a consultation within, for example, the last 5 years

Patients need to know that this is contrary to the assumed consent model described in any letters that they might receive or might have already received from the PCT

It might be useful to point out to patients that the letters sent out by PCTs were distributed without either the consent or the approval of local GPs

Identify the processor

  • Make clear it is the practice that is adding the 93C3 read code to the GP records. The practice is in control of the processing

Explain the purpose and the effect of the processing

  • Explain the purpose of adding the 93C3 code - that is to prevent the uploading (including accidentally) of sensitive health data without the explicit, informed consent of the individual
  • Explain that the sole function of the 93C3 code is to prevent sensitive data being uploaded to the SCR until that code is deleted (when a patient opts in). The code serves no other purpose and does not affect the patient's entitlement to, and provision of, healthcare in any way, whether that code has been added en-masse by the GP or at the request of the patient, or indeed if and when deleted
  • Explain that the addition or removal of the 93C3 code, however achieved, does not prevent the patient's GP from sharing data with other health professionals when required and appropriate, for example within a referral letter to a consultant or on the phone to an emergency practitioner

Ensure Choice

  • Make it clear that patients have a choice whether to remain opted out or to opt in. It is their medical record and their decision
  • It is important to ensure that where people do have a choice, they are given a genuine opportunity to exercise it
  • Where there is choice, the patient's wishes or preferences must be respected, other than in exeptional circumstances
  • Ensure patients know how to opt in. Make opt in forms easily available and downloadable
  • Remind patients that they have the right to check their GP summary data before they opt in and any information is uploaded. Together with their GP they can ensure that the summary information is accurate and up to date, and they can then give their explicit consent for uploading to occur

Do this all in advance

  • The ICO has stated that patients must be told in advance of the GP's intention to opt them all out and be given the opportunity to object (i.e. to opt in) before the code is added
  • Make it clear to patients when - exactly - the read code will be added to records
  • Stress that at any time before and at any time after that date patients can request that the read code is removed
  • Ensure patients understand that removal of the read code equals opting in to having a SCR
  • Reassure patients that there is no deadline by which to opt in. A SCR can be created at any time after go-live

Be honest, open and transparent

Practices should be transparent about what they will do if:

  • A patient hands in an opt out form (the surgery will just scan the form into the patient's record, the code is already present)
  • Asks to opt in (the surgery will remove the 93C3 code, or override it with the 93C2 code)
  • Does nothing at all (the surgery will do nothing at all)

Provide Assistance

  • Ensure that you provide a designated contact at the practice so that patients who have further questions know who to ask (e.g. the Practice Manager or Caldicott Guardian)
  • Reassure patients that they are welcome to discuss the Summary Care Record with the person that best knows that their medical history - their GP

Plan how you are going to actually add the codes

For EMIS LV practices who don't know how to bulk-add read codes or create custom codes (and most practices do), here are simple instructions should you choose to approach the Summary Care Record in this way.

  • Create a practice policy for the Summary Care Record, detailing how patients are going to be informed and how and when the code(s) are going to be added
  • Adding the read code 93C3 (or XaKRy in CTV 3, or SNOMED CT 416308001) is required, but it is important to clarify in the patient's record why such a code has been added. Whilst it is simplicity itself to bulk add the code (a matter of minutes for 10,000+ patients), EMIS for one does not allow the bulk-adding of free text associated with the code. Consider creating a simple custom code and bulk-add that simultaneously to the 93C3 code
  • Ensure that the code(s) are clearly visible on the GP system summary screen. This will be of particular importance should a patient register with a new GP practice, and will be very helpful to the new data controller
  • A diary entry could be added as well reminding GPs that the SCR needs to be discussed (at some point in time)
  • Adding the 93C3 code means vigilantly checking that newly registered patients and newborn babies have that code added without delay


AN OPT-IN WORKS

For the vast majority of children, teenagers and young adults - that is, the generally healthy population with little or no relevant medical history that would prove useful in an emergency - there is unlikely to be any material benefit from making their medical information widely available, whether by uploading their records to the NHS Database or otherwise.

For a few, perhaps those with complex medical problems or chronic diseases, there might be benefit in making their information more available. That is a discussion that can be held between the patient and their GP, and if the Summary Care Record is felt to be warranted and the most approriate option (of many) then explicit consent for an upload can be recorded.

There are many ways to make medical information more available to medical staff - the NHS Database is not the only way (see later in this site).

GPs see the very people that might possibly benefit on a regular basis. Patients with diseases such as asthma, COPD, heart disease, kidney disease, diabetes, epilepsy, dementia and those who have had a stroke are seen at least yearly. The majority are seen more often than that. Some, such as those with heart failure, high blood pressure, those women on hormone replacement therapy and those taking complex medication are seen at least every six months, often every 2 - 3 months.

The opportunities for GPs, Practice Nurses and other surgery-based health professionals to initiate discussions about making medical information more widely available, including via the NHS Database, are plentiful and will easily allow informed, explicit consent to be sought, obtained and recorded before any data is uploaded.


WHO IS THE DATA CONTROLLER FOR MY UPLOADED RECORDS ?

The Secretary of State for Health is the Data Controller for all data stored on the NHS Database, including the Summary Care Record, the Detailed Care Record and the Secondary Use Services.

As the Data Controller, he and he alone decides the purposes for which your uploaded data is, or will be, processed and the way in which your uploaded data is, or will be, processed. He alone decides who has access to your records, and whether or not to seek your consent for any such release.

Whilst your GP controls your medical records as held by your surgery, your GP is not the Data Controller for any records uploaded and stored on the NHS Database. He/she has no control whatsoever over that data.


WHAT DATA WILL BE UPLOADED ?

The Personal Spine Information Service (PSIS) is the central database on the Spine (the overall NHS central service or network that PSIS and PDS run on) that stores clinical patient information. The PSIS holds the Summary Care Record.

THE INITIAL UPLOAD

At first, the data uploaded from your GP records to the PSIS will comprise of "core" data, and this phase is known as the initial summary. This will occur if you have either opted in to the SCR, or have not specifically opted out.

If you have opted out, no clinical information whatsoever is uploaded and a completely blank record is created instead.

Demographic data (your name, address, DOB, telephone number, GP details etc) has already been uploaded as part of the PDS (see later in this website).

"Core" data consists of:

This core data has not changed, despite any suggestion that the government's 2010 "review" of the Summary Care Record has "scaled back" the information being uploaded. Nothing has changed.

Core data is the minimum data that will be uploaded to the Summary Care Record.
More data can and will be uploaded to it if you're not careful.

The core data will be updated on the NHS Database automatically as your GP prescribes further medication, or if you develop allergies or adverse reactions to medicines. This then results in your GP Summary.

You cannot stop a record of the medication that your GP prescribes from being automatically uploaded to the SCR, even if this is medication clearly used to treat sensitive conditions, and nor can your GP stop this upload. It is often easy to deduce a patient's diagnosis from the medication being used to treat him or her.

"If you add any medications, allergies or adverse drug reactions to a patient's medical record, the patient's SCR on PSIS is updated with these core data details automatically."

EMIS LV
Summary Care Record

"It is not possible to exclude any individual elements of Medications, Allergies and Adverse reactions, consequently any patient who doesn't wish this information to be available should be advised to opt out and not have a SCR."

Connecting for Health
Enriching GP Summaries


ENRICHMENT

The Summary Care Record was never - ever - going to be just a "summary".

Immediately after this initial upload further data can and will be added, such as major diagnoses, past operations and procedures, hospital letters etc. This process of uploading further data to your record is known as "enrichment" or "enhancement".

There are two components to enrichment. Firstly, additional (or "supplementary") data from your GP record can be uploaded to the SCR. This will then result in an enriched GP Summary.

The additional data that can be uploaded to the SCR by your GP is vast.
The GP Summary can hold data under some or all of the following headings:

In addition, when you attend a hospital, specialist clinic or out-of-hours surgery or clinic, details of your attendance can be uploaded to your Summary Care Record. This is termed "SCR Release 2 information", and can be uploaded in addition to your GP Summary.

The data that can be included from sources other than your GP practice include:


WILL I BE ASKED BEFORE MY SCR IS ENRICHED BY MY GP?

Before October 2010, as far as the government was concerned, GPs did not need your permission to upload any details about you to the NHS Database.

You may or may not have been asked for your permission prior to further data being uploaded. Some GPs might have asked you, others will have automatically assumed that you are happy for more and more details to be uploaded and will not have asked you before uploading. It was up to individual GPs, practices, PCTs or SHAs.

"There is no legal requirement to gain a patient's explicit consent before they (GPs) add significant medical history to the SCR. The decision to do so is at the discretion of the GP..."

Connecting for Health

Connecting for Health had stated that the change in consent model, to consent to view (or "Permission to View"), had removed the need for patients to be asked for a second level of consent to have an enriched record (i.e. more than allergies, adverse reactions, medication). The public information programme (PIP) constitued informed consent to the enriched record.

"under the new consent model there is no need to ask for patients permission to enrich"

Connecting for Health
Implied Consent and Permission to View

There was no "Permission to Enrich".

The initial upload still remains the foothold required to enable more and more data to be uploaded.

Since October 2010, the government has stated that patients must give their explicit consent before any enrichment by their GP occurs.

Exactly how that will work in practice, and how such explicit consent can be enforced, remains uncertain.

If you are asked by your GP before further information about you is uploaded, then you can request that the information is not sent. You may wish for sensitive information, for example relating to mental or sexual health or certain infections, to be witheld from your enriched summary care record.

Be careful though. Neither you nor your GP can stop certain information from being uploaded automatically if you choose to have an Enriched SCR.


WHAT ABOUT "ENRICHMENT" BY HOSPITALS ?

There were two emergency departments that were planning (as pilots) to upload Release 2 information to the Summary Care Record.

The Royal Bournemouth Hospital was one pilot site.
They have now abandoned plans to upload R2 data.

The Pennine Acute Hospitals NHS Trust was the other pilot site.
They too have now abandoned plans to upload R2 data.


For the time being, it appears that hospitals and clinics will not be uploading R2 data to the SCR.

"following the recommendations made in the Ministerial Review of the Summary Care Record, which reported in October 2010, the only content being added to the Summary Care Record is that from General Practice. No organisation is permitted to upload 'Release 2' information to the Summary Care Record"

Connecting for Health
Freedom of Information Response

But have no doubt. Once enough inital uploads have occurred, uploading of R2 data by hospitals and clinics will be back on the table.

Already, Connecting for Health is setting up new SCR Content Governance groups with the sole purpose of authorising further enrichment of uploaded records.



SO HOW DO I CONTROL ENRICHMENT OF MY SUMMARY CARE RECORD ?

There exists a setting or flag that controls what data, if any, is stored within a given SCR. This is known as the National Summary Preference, or SCR Preference flag. The settings are shown below.

SCR Preference flag

The flag can be set in a number of ways. It can be set by your GP (using the existing surgery software) if your surgery is enabled to do so, or it can be set by your GP adding a specific code to your GP-held electronic record.

Not all GPs can set the flag directly at present, this is limited to those GP practices who are currently in the process of preparing and uploading data to the Summary Care Record. All GPs can add the specific codes though.

First of all, if you have opted out of the NHS Database then no Summary Care Record (or actually, a blank one) will be created for you. Obviously, no enrichment can take place by your GP. Your GP will have added the read codes 93C3 or 9Ndo to your GP record, or may have set the flag directly. Setting the flag adds the read code and vice versa.

As a result, your preference flag will be set to Express dissent (opted out) - Patient does not want to have a Summary Care Record.

This is also known as Express dissent for SCR dataset upload.

Opt out

With this setting (i.e. opting out) neither your GP nor hospitals/clinics are able to upload your data to the NHS Database.

"The patient does not want a Summary Care Record - With this option selected, when the Initial upload is run, a blank summary is sent to the Spine which states that the patient did not want to have an SCR. If the patient changes their mind, an SCR can be subsequently compiled and stored. A Read code of 93C3 is added to the patient's record."

Vision 3
National Summary Record User Guide


The remaining settings determine whether GP enrichment can take place or not. Both these settings allow a basic SCR with core data.

The default setting is Implied Consent. Whilst this setting remains in force, only a basic inital summary is uploaded and your SCR cannot be enriched by your GP. If you say or do nothing as regards opting out of the SCR then your preference flag may remain on this setting.

This is also known as Implied consent for core SCR dataset upload.

Implied consent

"Supplementary data cannot be sent without recording express consent."

Vision 3
National Summary Record User Guide

"For an enriched SCR you must set the patient consent"

EMIS LV
Summary Care Record

It is possible that whilst your preference flag remains at this setting, your SCR cannot be enriched by R2 data from hospitals and clinics.
However, no one knows and the Department of Health will not say.


The other setting that prevents enrichment is Express consent for medication, allergies and adverse reactions only. Whilst this setting remains in force, only a basic inital summary is uploaded and your SCR cannot be enriched by your GP.

This is also known as Express consent for core SCR dataset upload.

Express consent core


The final setting is Express consent for medication, allergies, adverse reactions, AND additional information.

This is also known as Express consent for core and additional SCR dataset upload.

If this setting is set then:

Express consent add

Express consent to have an enriched SCR can be set in a number of ways:



BEWARE THE 93C2/9Ndn CODES

The 93C2/9Ndn codes are absolutely critical to the Summary Care Record.

Without them, your SCR will remain a core one, protected from being enriched by your GP (and probably by hospitals and clinics).

But once the code is in your GP records - whether you have asked for it or whether your GP has added it without your knowledge or consent - then the foothold is created for further enrichment of your record.

Whilst your explicit consent should be sought and recorded before any further information is added beyond core data, sensitive diagnoses, conditions and procedures will be uploaded nevertheless - and automatically.

If a regularly prescribed medication is associated (or linked) with a particular problem (i.e. diagnosis) then that diagnosis will - by default - be uploaded to the Summary Care Record. For three out of the four GP software systems (InPS Vision, iSoft Synergy and TPP SystmOne), this data is uploaded automatically if the 93C2/9Ndn codes are present.

This is known as Reason for Medication.

It cannot be stopped.

"If a problem/diagnosis is added to the patient record and linked to a repeat medication, it will be automatically included as a Reason for Medication in the SCR if the patient is set to explicit consent. If the problem/diagnosis is marked for exclusion from the SCR, it is not then included in the "Problems" section in the GP Summary update, but the Reason for Medication is still sent."

Connecting for Health
Managing Patient Consent for Adding Additional Information to the Summary Care Record

And it gets worse.

If your GP is running TPP SystemOne, yet more data is automatically uploaded if the 93C2/9Ndn codes are present.

When a GP stops prescribing (or cancels) a repeat medication, they have to select a pre-defined reason why the medication is being stopped. For example, the patient may have had a surgical procedure, or a new diagnosis, that results in certain medication no longer being required or tolerated.

If the patient has explicit consent for an enriched SCR set (i.e. the 93C2/9Ndn codes are present) the stoppage reason will be uploaded to the SCR including the pre-defined reason and any free-text entered.

This is known as Reason for Medication Cancellation.

And - yes - it cannot be stopped.


You will not be asked for your consent to upload Reasons for Medication or Reasons for Medication Cancellation to your SCR. Such uploads will happen automatically and cannot be stopped.

Remember - the 93C2/9Ndn codes will permit enrichment of your SCR by hospitals and clinics. You may not be asked before such data is uploaded.


Think very, very hard before having an enriched SCR.


SO WHAT SHOULD I DO ?

If you want a Summary Care Record then you need to decide whether you want your SCR limited to basic core data (allergies, medications and bad reactions) only, automatically updated from your GP surgery, or whether you want your SCR to be enriched with further data from your GP record.

If you want your SCR to remain as the default, that is core data only, and not enriched with further data from your GP record, then you need to ask your GP to:

  • Delete the 93C3/9Ndo read codes from your record (if you have previously opted out, or if your practice is running an opt-in scheme)
  • Change your preference setting to Express consent for medication, allergies and adverse reactions only, if and when your GP is enabled, and
  • NOT add the 93C2/9Ndn codes to your GP records

If you want your SCR to be enriched with further data from your GP record, then you need to ask your GP to:

  • Change your preference setting to Express consent for medication, allergies and adverse reactions, AND additional information, if and when your GP is enabled, or
  • Add the 93C2/9Ndn codes to your GP records

(The 93C3/9Ndo opt-out read codes do not need to be deleted to enable an enriched SCR)


The choice is yours - take control of your medical data.

Be aware of the implications of having the 93C2/9Ndn code in your GP records.

Make sure your GP knows what type of Summary Care Record you want. Do not leave it to chance.


HOW DO I KNOW IF THE 93C2/9Ndn CODE IS ALREADY IN MY RECORDS?

If you already have a Summary Care Record, then the 93C2/9Ndn code might be in your records without your knowledge (or your consent).

Your GP might have added that code to allow additional information to be added to your SCR without your explicit consent.

In Bradford & Airedale, more than 9500 patients had their SCR set to enriched, almost all without either their consent or their knowledge.

In Leeds, more than 1300 patients had their SCR set to enriched, again almost all without either their consent or their knowledge.

Your GP might have added that code if you have now opted in to the SCR having previously opted out.

Or it might be there in error.


If you want to know whether the code is in your records then all you have to do is ask your GP.

If you have a SCR then ask what setting your preference flag is at.


And if you are not happy that the code is there then ask for it to be removed. That is your right.


CAN I CHANGE FROM A BASIC (CORE) SCR TO AN ENRICHED ONE?

It is easy to make your basic (core) SCR into an enriched one. Just ask your GP.

Your GP will simply change your preference flag, or add the 93C2/9Ndn code to your records.

CAN I CHANGE FROM A ENRICHED SCR TO AN BASIC (CORE) ONE?

It is easy to revert your enriched SCR back to a basic (core) one. Just ask your GP.

Be aware however that this procedure will not delete your previously uploaded, enriched data.


CAN I GET THE 93C2/9Ndn CODES REMOVED FROM MY RECORDS?

As mentioned above, you need to get the 93C2/9Ndn codes removed from your GP records in order to revert to a basic or core SCR.

If you have previously opted out (and therefore have the 93C3/9Ndo code in your records) and wish for a basic SCR, then the opt-out code must be removed as well.

Either code can be removed from your records.

GPs are perfectly entitled to remove either code from your records to achieve the desired aims.

You GP should:

  • Delete the respective code
  • Clarify the reason for deleting the code when the software system asks (this reason will be stored in the audit trail)
  • Add a custom code in your records, indicating that the code was previously present but has now been deleted, and/or
  • Record your request clearly within a consultation in your GP records

There must also be a clear explanation of the reasons for removing the information and we would expect the following to be recorded:

  • The fact that information has been removed;
  • The justification for removing it;
  • The date the information was removed; and
  • The person who removed the information or authorised this to happen

National Information Governance Board for Health and Social Care
About removing information from records

Do not accept anything less. It is your GP record and your data.



WHAT ABOUT MY CHILDREN'S RECORDS ?

The government is uploading everyone's medical records, no matter how young or old you are.

Your children's medical records will be uploaded too unless you opt them out.

Children under the age of 16 years old will not be written to about the NHS Database before their records are uploaded; it will be up to their parents or guardians to decide whether to discuss it with them or not.

The parents or guardians will not be written to directly about their children's medical records being uploaded to the NHS Database.

"Current policy permits parents of children who are not yet competent to decide for themselves to request that their children are not provided with a summary care record."

Department of Health

The uploaded data may refer to confidential data which the child obtained perfectly legitimately without parental knowledge. And the uploaded data may include information about siblings and parents.

When your children reach their 16th birthday, they will not be automatically written to about the NHS Database and their uploaded data.

"Without the trust that confidentiality brings, children and young people might not seek medical care and advice, or they might not tell you all the facts needed to provide good care."

"By asking for their consent to share relevant information, you are showing them respect and involving them in decisions about their care."

"If children and young people are able to take part in decision-making, you should explain why you need to share information, and ask for their consent."

0-18 years, GMC Guidance for doctors

"A duty of confidentiality is owed to all children and young people. The duty owed is the same as that owed to an adult."

British Medical Association

The Article 29 Working Party, a committee of European countries' data protection officials, has said that when a child becomes mature enough to make their own decisions anyone processing their sensitive data must ensure they have the child's permission and not just that of the child's representative.

But when your children are old enough to understand and make a decision for themselves about the storage of their records on the NHS Database, they will not be able to get those records completely deleted should they want.

"All children have the right to privacy."

Article 16, UN Convention of the Rights of the Child


What u say is confidential
Doctors shud ask b4 sharing information about u
Doctors shud treat u with the same respect as adults

Under 18? Know UR rights at the doctors, GMC Guidance 2009

"A child is a human being in the complete sense of the word. For this reason, a child must enjoy all the rights of a person, including the right to the protection of their personal data."

"If the processing of a child's data began with the consent of their representative, the child concerned may, on attaining majority, revoke the consent. But if he wishes the processing to continue, it seems that the data subject need give explicit consent wherever this is required."

Article 29 Data Protection Working Party
The protection of children's personal data


"It is clear that young people place a very high value on a confidential sexual health service. Without an underlying presumption of confidentiality, young people will refuse to access such services and their interests could therefore be seriously harmed."

Royal College of General Practitioners


DO I NEED MY GP'S PERMISSION BEFORE OPTING OUT MY CHILDREN ?

No, absolutely not.

You do not need to see, discuss with or seek the permission of your GP (or anyone else for that matter) before opting your children out of the NHS Database.

The decision to opt out your children from the NHS Database (or opt in to it) is yours to make, after discussion with your children as appropriate.

In exceptional circumstances, your GP might contact you, as a parent/guardian, to discuss whether opting out is in the child's best interests. But (in my opinion) this would be extremely rare.

If your child's medical history was so complex, serious or life-threatening then almost certainly other methods of making your child's medical information available to others will already have been considered.

If you are uncertain about opting your children in to, or out of the NHS Database then you are welcome to discuss it with your GP. But you are under no obligation to.


ON THE NHS DATABASE FROM BIRTH

New babies will automatically get a Summary Care Record when they register at the GP practice.

You will need to opt out your newborn if you do not want them to have an NHS Database record.


CAN I GET MY UPLOADED DATA DELETED FROM THE NHS DATABASE ?

Once your medical data has been uploaded to the NHS Database, it will be extremely difficult to get your data completely deleted.

If you decide you no longer want your medical records on the NHS Database, or if you discover that your records have been uploaded without your knowledge or your understanding or your consent, you will find it virtually impossible to get your data deleted. Your "visible" record can be blanked out or masked, but your medical records - and your childrens' records - will still be stored intact and indefinitely on the NHS Database.

If your records are "accidentally" uploaded, your GP will not be able to get them deleted for you. Your GP will not be able to put things right.

When your children are old enough to understand about the NHS Database, they will not be able to get their uploaded data deleted if they want.


THE INITIAL STANCE

At first, the government said:

In a Freedom of Information response, the government made the following ludicrous assertions:

  • that the cost of completely removing an uploaded record "would be prohibitive"
  • that complete removal of a person's uploaded record "would require the hardware holding records to be completely sanitised"
  • that complete removal of a person's uploaded record would be "a process that destroys all data held, for example on a server or hard drive, and not just a particular record"
  • and that "it would be inappropriate to provide tools that could completely remove a record, even if this were feasible"

In that response, the government also indicated that it would refuse any and all any requests from individuals under Section 10 of the Data Protection Act to have uploaded data deleted.

"Whilst Health Ministers determined that patients need not have an SCR if they don't want one, this should not be understood to mean that once created an SCR can be completely removed. Records can be made inaccessible to staff in a number of ways, but the cost of completely removing them would be prohibitive and not an appropriate use of public funds."

"The Department of Health is of the view therefore that there is no failure to comply with Principle 5 of the Data Protection Act 1998."

"The Department of Health does not agree that this position is inconsistent with the provisions of the Data Protection Act 1998, nor with general principles of privacy and confidentiality."

Connecting For Health
emails and meetings with ICO Feb - April 2009

The government can in an instant, effortlessly and for free lose 25 million child benefit records but appeared to have neither the funds not the technological capability to delete an individual medical record uploaded to the NHS Database.


THE U-TURN

Following a complaint to the ICO, the government appears to have performed a u-turn on deleting certain uploaded data.

The government briefing on this matter spells out their "spin" on the u-turn.

But the devil is in the detail.

If your Summary Care Record has ever been accessed by a health professional (GP, Nurse, A&E doctor, Medical Student, Pharmacist, Health care Assistant, Phelbotomist, Optician, Dentist etc. etc.), or "should have been accessed" then you cannot get your data deleted, only "masked".

If you present to A&E and you are asked if your SCR can be looked at, and you say no (perhaps because this is the first time that you realise that your data has been uploaded) then your data "should have been accessed" and you cannot get your data deleted.

"Where a patient requests their SCR be physically deleted and upon investigation the SCR could have been accessed, the request for deletion will be refused."

"The fact that a record has not been viewed might be relevant for medico-legal purposes when viewing it might have informed care decisions and resulted in a different outcome. In these situations, the record is recommended to be retained."

Connecting for Health
Summary Care Record Deletion and Retention Policy

But the Department of Health has produced no guidance to indicate when a SCR "should have been accessed".

Very, very few requests to hvae a SCR deleted will be accepted.

"the Department can never know whether an individual's SCR 'should have been accessed'."

Department for Health
FOI Response


SO HOW DO I TRY TO GET MY UPLOADED DATA DELETED ?

The Summary Care Record Deletions process is detailed in this document.


You will need to fill in a SCR Deletion Form and hand this to your GP.

The form is downloadable here.

The patient requesting deletion of their Summary Care Record must provide the following details:-

  • The patient's full name, address, contact details and date of birth.
  • NHS number (if known).
  • Signature to confirm the patient understands the request.

Connecting For Health, SCR Deletion process


You will have to opt out of the NHS Database (if you haven't already) by stating this to your GP.

You GP will send your SCR Deletion form to the local PCT who will initiate the deletion assessment with Connecting for Health.

The extent that your SCR had been "used to support care" will need to be determined by analysis of audit information by the local Primary Care Trust together with officials from Connecting For Health.
Remember, there is no guidance available for this.

If it is established that your record had not been "used to support care", then the SCR Programme staff will raise a service request for the Department of Health to physically delete your SCR record.


If (or as is likely, when) your application to get your SCR deleted is refused then your GP cannot help you get the refusal reversed.

You can appeal to the Information Commissioner yourself to get your data deleted.

"If the outcome of the investigation is a recommendation not to delete the SCR and the patient is not happy with this outcome, then the patient has the right to request the deletion of their SCR under section 10 of the Data Protection Act."

Connecting For Health
SCR Deletion process


But your application is guaranteed to fail.

"Staff will inform all patients who have been refused physical deletion of their right to request deletion of data under Section 10 of the Data Protection Act. However, patients will be advised that the importance placed upon medico-legal matters is likely to mean that while the record will be made inaccessible through logical deletion, physical deletion will not be possible in all but the most exceptional cases, even where substantial damage or distress can be evidenced."

Connecting for Health
Summary Care Record Deletion and Retention Policy


WHAT HAPPENS IF MY SURGERY PULLS OUT OF THE NHS DATABASE AFTER UPLOADING ?

If a GP practice decides it no longer wishes to be part of the NHS Database/Summary Care Record after it has uploaded its patient's data then the uploaded records become "frozen" but remain accessible and viewable.
The records will no longer be updated or enriched but the data will not be deleted automatically and will remain indefinitely on the NHS Database.


You will not be able to change your mind about a SCR once it has been created.

You will never be able to get your uploaded data deleted.


SO HOW DO I GET MY "VISIBLE" RECORDS "BLANKED" OR "MASKED" ?

Just opt out (see below). The same code that is added to prevent the uploading of medical records to the NHS Database in the first place is used to "blank" or "mask" a "visible" NHS Database record (so called "logically deleted").

Your GP will either add the appropriate read code to your GP-held records or your GP can set your decision to no longer have a Summary Care Record directly via the surgery GP software (the so-called "NHS Summary Care Record consent flag").

Opt out

This will limit those who could clincally access your data, but all your uploaded data will remain intact and archived on the NHS Database forever (i.e. not "physically deleted").


HOW DO I FIND OUT WHO HAS ACCESSED MY UPLOADED DATA, AND WHEN ?

If you agree to have your records uploaded to the NHS Database then you will not be informed each and every time anyone accesses your medical record, or informed at regular intervals as to how many times your record has been accessed and by whom. The NHS will not volunteer this information to you. You will have to ask.

The Data Protection Act gives you the right to find out this information. But it will be time consuming, and you will have to do this regularly if you wish to monitor and protect your uploaded data.

You will have to apply to the Department of Health for this information, under a DPA subject access request.

Your GP cannot apply on your behalf, not can your GP tell you who the times that your uploaded data was accessed and by whom.

Your GP has no control over your Summary Care Record whatsoever.

"The Secretary of State for Health is the data controller for summary care records. Therefore, anyone who wants this information should write to the Department of Health under our Data Protection Act subject access request arrangements"

Department of Health
FOI response on how to find out who has accessed your SCR and when

The from that you need to use to make your request is available here.

You will provide your name, date of birth, current address and possibly your previous address.

You will need to provide for identity purposes a copy of any one of the following documents:

You will need to send your request to:

The Data Protection Manager
Department of Health
Room 334B Skipton House
80 London Road
London SE1 6LH

It may take up to 40 days for your requested information to be received from the DoH.

Whilst you may find out if and when your SCR has been accessed (and by examining the dates and times discover if your data has been inappropriately accessed) you will not be told if and when your uploaded data has been shared with other government departments or made available via SUS or to researchers.


"PERMISSION TO VIEW"

In September 2008, the government announced that people accessing data uploaded to the NHS Database were "required" to seek that patient's permission before doing so, so called "permission to view".

In reality, all this means is that a simple additional mouse click on the 'Yes' button will be needed. People will be able to inappropriately access uploaded patient data simply by claiming to have their consent. There are no measures that can stop people falsely claiming to have consent and clicking on the 'yes' button.

No SCR

In fact, your permission isn't even required, as long as whoever is accessing your data states that they feel that is is "in the public interest" not to ask you.

override


"PERMISSION TO STORE"

When your Summary Care Record is looked at in an Accident and Emergency department (or other hospital department running the Ascribe Symphony software) a copy of your SCR (as it is at that moment in time, a snapshot) is downloaded and stored indefinitely on the organisation's local computer system.

You cannot prevent this download nor can you get this downloaded copy deleted should you wish.

Be aware : PERMISSION TO VIEW = PERMISSION TO DOWNLOAD AND STORE.

However, when you visit a GP out of hours centre, the majority of which run software by Adastra, a snapshot of your SCR is not downloaded and stored indefinitely.

A copy of the SCR is temporarily cached on the Adastra system when a clinician accesses the record so it can be viewed by them. The SCR remains cached so it can be accessed whilst the case is open, but is automatically deleted by the system once the case has been closed. The Adastra system does not store a copy of the record that can be accessed after the case is closed.

"Once the case is closed the SCR is deleted from the record, always. No record of the summary is stored that can be accessed after the case is closed. In the very rare cases where a case is open for more than 24 hours the SCR will be refreshed after 24 hours just in case it has been updated as we do not want clinicians to view old data but once that case is closed the SCR data will be deleted."

"A snapshot of the record viewed is stored by the Spine and a reference id for this snapshot stored in the Adastra database so that if there is any query as to the information viewed this could be requested."

Adastra


BE VERY, VERY CAREFUL

If your Summary Care Record is accessed, for example at a GP out of hours centre, be very careful that the permission to view status for your record is not accidentally - or deliberately - changed without your knowledge.

By default, assuming you have a SCR, your consent status is set for "permission to view":

PTVR


But even before you are supposed to be asked for your permission before your SCR is viewed, the software will invite a mouse click to change your consent status so that in future you will not be asked before your SCR is viewed:

PTV override


When this setting is chosen, your consent status changes from permission to view to need not be asked again for permission to view:

PTV override

And your consent status displays "Access Granted":

AG


"Permission to view" changes nothing when it comes to your medical data:

The government states that "Permission to view" has “put to bed the practical issues around consent”.

But nothing could be further from the truth.


WHO HAS ACCESS TO MY SUMMARY CARE RECORD?

The biggest myth of all when it comes to the Summary Care Record is that "the information is only accessible by staff directly involved in a patient's treatment".


Anyone with an NHS smartcard and the appropriate permissions (RBAC roles) on the card can access any Summary Care Record.

Any doctor, any nurse, any pharmacist, any medical secretary, any receptionist.

Anyone. Anywhere. Anytime.

Summary Care Records can be accessed within GP practices directly (via their system software) or they can be accessed anywhere there is an NHSnet connection via a web-based application.

RBAC roles required to access and view Summary Care Records via SCRa (web-based application):

  • B0257 - View non-ETP Clinical Data within CSA, and
  • B0264 - Access CSA (Perform Patient Trace)

RBAC role required to access and view Summary Care Records via GP systems:

  • B0370 - View Summary Health Records

Connecting for Health
RBAC Required to Support GP Summaries

In order to view a Summary Care Record, the user has to just declare that they have a reason to access the record - that is, that they have a "Legitimate Relationship" with the patient.

The SCR is supposedly policed by means of "privacy alerts", sent to an organisation's privacy officer when, for example, a self-claiming legitimate relationship is generated. The privacy officer is then supposed to investigate all such alerts to see whether any unwarranted access to the SCR has occurred.

When a SCR is accessed, the user is asked to declare that they have a "self-claiming" Legitimate Relationship. They then have access to the patient's record.

In reality, this just means clicking the mouse, for example on "Best interests of patient". Nothing can stop a user from doing that.

No record


And they then have unrestricted access to that record for a further 5 days. They do not need to declare a "self-claiming" Legitimate Relationship again.

And that means no privacy alerts.


BE VERY, VERY CAREFUL...AGAIN

When a legitimate relationship is set up (by a receptionist) for an entire department - for example, when you attend Accident & Emergency - then everyone in that department (who has an appropriate smartcard) can access your record without needing to self-claim.

No record


And they then have unrestricted access to your record for THE NEXT 6 MONTHS.

No one needs to declare a "self-claiming" Legitimate Relationship.

And that means no privacy alerts.


The privacy officer policing your SCR will almost certainly not be your GP.

And this system is pretty much unworkable, according to the UCL 2010 SCR Evaluation.

By the time the privacy alert has been noticed and investigated (if ever), your record has already been looked at, copied or printed.

  • Not all NHS organisations had a privacy officer and even when they did, these duties tended to be an 'add on' to the person's existing work
  • In very small organisations (e.g. singlehanded GP practices) there was no individual to take on the privacy officer role
  • If an organisation did not have a privacy officer, alerts would apparently be directed to a privacy officer in a 'central' organisation (e.g. the PCT) who would (according to front-line managers) have limited power to investigate them
  • In settings which linked to different organisations (e.g. GP out of hours clinic serving several PCTs), it was sometimes unclear which privacy officer would receive alerts in particular circumstances (or alerts would be received by the SHA where the privacy officer might have insufficient context to interpret them)
  • Large organisations (e.g. hospital trusts) had many departments but a single privacy officer. The alert did not tell the privacy officer which department the access was made from (it only gave the name of the staff member)

"One proposed solution was that only a sample (e.g. one in 10 or one in 100) alerts might be investigated by privacy officers"

"Our overall impression was that information governance for the SCR was at risk of becoming bureaucratised in a way that front-line staff saw as unworkable"

UCL Evaluation of the SCR and HealthSpace, 2010


The ability to self-claim a Legitimate Relationship, and so access anyone's SCR, is determined (as before) by the RBAC roles and activities assigned to that user's NHS smartcard.

RBAC role required to self-claim a Legitimate Relationship with a patient:

  • B0085 - Claim a relationship with a patient

Connecting for Health


Your GP does not add the B0085 activity to smartcards - PCTs, hospital trusts and organisations do. Your GP cannot stop that activity code been added to any smartcard.

Your GP has no control whatsoever over who can access your Summary Care Record.

The list of NHS workers whose smartcard have the B0085 RBAC activity by default is long:

  • Consultant
  • Associate Specialist
  • Staff Grade
  • Hospital Practitioner
  • Specialist Registrar
  • Senior House Officer
  • House Officer - Post Registration
  • Trust Grade Doctor - House Officer level
  • Trust Grade Doctor - SHO level
  • Trust Grade Doctor - Specialist Registrar level
  • Trust Grade Doctor - Career Grade level
  • Psychiatrist
  • GP Registrar
  • Dental surgeon acting as Hospital Consultant
  • General Dental Practitioner
  • Midwife - Consultant
  • Dietitian Consultant
  • Physiotherapist Consultant
  • Paramedic Consultant
  • Radiographer
  • Radiologist
  • PACS Administrator
  • Reporting Radiographer
  • Radiographer - Diagnostic
  • Radiographer - Diagnostic, Consultant
  • Radiographer - Diagnostic, Manager
  • Radiographer - Diagnostic, Specialist Practitioner
  • Radiographer - Therapeutic
  • Radiographer - Therapeutic, Consultant
  • Radiographer - Therapeutic, Manager
  • Radiographer - Therapeutic, Specialist Practitioner
  • Prosthetist Consultant
  • Speech & Language Therapist Consultant

And anyone can have the B0085 activity added to their smartcard.

"The implications of the WikiLeaks disclosures for vast government databases are considerable. The confidential medical records of more than 50 million UK citizens will soon be sitting on a centralised £12bn computer system which can be accessed by as many as 250,000 NHS staff from 30,000 terminals. The NHS Spine is, essentially, no different from Siprnet, the military intranet at the heart of these leaks. The vision of a 22-year-old private soldier reading - and allegedly copying - the innermost secrets of US diplomacy is hardly a reassuring one."

The Guardian


WHERE ARE SUMMARY CARE RECORDS BEING LOOKED AT?

A list of Summary Care Record viewing sites as of December 2010 (only some of which are actively looking at SCRs) can be found here.



WHAT IS THE PERSONAL DEMOGRAPHICS SERVICE ?

The PDS is the national electronic database of NHS patient demographic details. It is an essential element of the NHS Database and contains demographic information (such as name, DOB, address, NHS Number) on every single person in England.

The complete information that each PDS record holds can be found here.

Many would argue that the information held on the PDS is "sensitive". However, the PDS does not store certain sensitive personal information such as ethnicity and religion.

The PDS is accessible to a huge number of people, all capable of looking up the details of anyone in England. All that is required to access a PDS record is a surname, forename and date of birth.

There are currently some 831,000 registered smartcard holders.

The PDS is available to the following:

There are serious concerns that so many people have such easy access to this sort information on everyone in the country, particularly information about where people live.

In fact, GPs (and others) had serious concerns as far back as 2006, when GPs realised how easy it was to find anyone whilst using PDS linked to the Choose and Book system. The risk of information theft was well recognised.

"It has been recognised, however, that there are some patients who may feel that improved access to their contact details may place them at risk if staff misuse the systems"

Connecting for Health, PDS Flagged Records


The very nature of PDS access, and the reasons for staff making a PDS access, mean that this database is virtually impossible to police.

"Privacy alerts" are not generated and inappropriate access to the PDS database is extremely difficult to detect. The only way to detect inappropriate accesses to the PDS is via retrospective audits - and it's a bit too late by then.

The Department of Health have admitted that they have no idea how many inappropriate or unauthorised accesses there could have been to the Personal Demographics Service.

"The PDS does not check for an electronic legitimate relationship when someone tries to access information"

Connecting for Health


"With more than 600,000 smartcard users currently moving around the NHS it is clear that policing appropriate accesses to the PDS is incredibly difficult if not impossible. Retrospective audits might identify those for whom suspicions already exist but spotting who is abusing the system in the first place is like finding a needle in a haystack. The PDS might not hold clinical details but there is undoubtedly a market out there for the type of information it does contain."

E-Health Insider


The PDS is like an enormous directory for the entire country, and some (perhaps many) people might be very uncomfortable knowing that their details are just a mouse click away to so many NHS (and non-NHS) staff.

"Do you know the most important detail to trace the most reclusive person? Their GP's address. Everybody needs a GP to access the health service and the family doctor is local, so it is easy to narrow the search. The best key to getting useful information from databases? A date of birth."

Dominic Kennedy, The Times


WILL I BE TOLD WHEN MY PDS RECORD HAS BEEN ACCESSED ?

You will not be informed each and every time anyone accesses your PDS record, or informed at regular intervals as to how many times your record has been accessed and by whom. The NHS will not volunteer this information to you. You will have to ask.

The process for finding out if, when and by whom your PDS record has been accessed is exactly the same as for the SCR, as detailed earlier. Just specify to the DoH that you are requesting information about your PDS record.


CAN I OPT OUT OF THE PDS ?

You cannot opt out of having a PDS record. No one can.

You cannot go "ex-directory".

You can however get your PDS record flagged as "restricted" or "sensitive" if you wish.

And you can get that sensitive flag removed at any time in the future.

"NHS patients have no specific legal right to prevent demographic data being stored on the Personal Demographics Service (PDS). The Government has determined that the PDS is the authoritative source of NHS demographic information. The NHS cannot comply with requests for data not to be held on the PDS."

"Access to demographic records can be restricted by any NHS patient who feels that their location details should not be accessible by the NHS."

Connecting for Health
Restricting access to a patient's demographic record
Guidance for healthcare staff


" Section 10 of the Data Protection Act 2002 allows the data subject to apply to have processing stopped if they can demonstrate “significant harm or distress”. If processing is stopped then the patient cannot be formally treated by the NHS without having a new record created. They will therefore have to make alternative arrangements."

Connecting for Health
Demographics IG Requirements


WHAT DOES A SENSITIVE PDS FLAG DO ?

Flagging a record as sensitive means that the following information is not sent between the NHS Database and local NHS IT systems (such as GP surgeries and hospitals):

The only demographic details visible on a flagged PDS record will be the NHS Number, name, date of birth and gender.

No other demographic details will be displayed, including the ones listed above.

The demographic information is still held, just not visible.

As at the end of July 2010, some 2170 PDS records were flagged as sensitive.

WHAT ARE THE IMPLICATIONS OF A SENSITIVE PDS FLAG ?

If your demographics record is restricted then your GP will not be able to do the following:

However your GP:

(Many GP practices do not use Choose and Book anyway, many cannot use GP2GP and some do not use EPS)

Setting your PDS flag as sensitive:

WHAT WILL I NEED TO DO IF I GET A SENSITIVE FLAG SET ON MY PDS RECORD?

GP surgeries and hospitals have their own patient administration systems (PAS) for maintaining patient details such as addresses and telephone numbers. The PDS synchronises one to another, although GP surgeries rarely update their own systems from the PDS.

If your demographics record is restricted then it is advisable to do the following.

At your GP surgery:

If you do use hospital or NHS services other than your GP surgery:

SO HOW DO I GET A SENSITIVE FLAG SET ON MY PDS RECORD?

The decision to have your PDS flagged as sensitive is yours alone to make.

Guidance for patients on this can be found here.

"The GP is not expected to make the final decision about whether access is restricted. This is the patient's responsibility."

Connecting for Health
Restricting access to a patient's demographic record
Guidance for patients

The process is as follows:


Setting your PDS flag as sensitive WILL also prevent your medical records from being uploaded to the NHS Database. You will not need to opt out from the NHS Database separately.

"The system MUST not send initial GP summaries or GP summary updates for patients who have a confidentiality code of 'S' (Sensitive) in their demographic record on PDS.

Connecting for Health
SCR GP Summary Requirements (v5.8) for all future versions of GP systems (Feb 2011)


DON'T GPs ALREADY SHARE PATIENT INFORMATION ?

Yes, of course we do. Every day. GPs share information about patients all the time. But it is selective information, appropriate information, and only shared amongst relevant NHS staff.

Whenever your GP refers you to a specialist at the hospital, they write a letter containing relevant and appropriate clinical details.

In fact, GPs are obliged to ensure that they provide such information to a specialist. But we do not send your entire GP record to the hospital.

Your GP may even discuss your details with the specialist in person or on the phone.

"When you refer a patient, you should provide all relevant information about the patient, including their medical history and current condition."

"The exemplary accompanies referrals with the information needed by the specialist to make an appropriate and efficient evaluation of the patient's problem, and shares the content of the referral letter with the patient."

Good Medical Practice (joint RCGP/GPC Guidance) July 2008

If your GP has to admit you to hospital, they will discuss your case with the on-call hospital doctors, and often write a letter as well giving your relevant medical history. But it is selective information, appropriate information, and destined only for the hospital doctors.

GPs make out-of-hours organisations aware of patients with complex medical problems, those who are terminally ill or those who might need careful monitoring over a weekend or bank holiday. But they share selective, relevant information and available only to those GPs and nurses working for the out-of-hours organisation.

"Cover for patients outside of normal general practice working hours is generally provided by out-of-hours services. It is your responsibility to ensure that a system is in place to hand over care for those likely to need it, such as those receiving terminal care."

Good Medical Practice (joint RCGP/GPC Guidance) July 2008

GPs discuss patients with other members of the primary health care team - other GPs in the surgery, practice nurses, district nurses, midwives, health visitors, counsellors, psychologists, dieticians etc. We share information with our secretaries and admin staff so they can organise referrals, appointments and obtain test results. Again, selective information, relevant information and only with those who need to know.

GPs will always try to ensure that the information that they are sharing is acceptable to the patient. They will always try to respect a patient's wish for certain information not to be shared.

"You also need to be aware of sensitive information that the patient may not wish to be sent to other healthcare professionals. You should seek the patient's consent before giving sensitive information to another healthcare professional."

Good Medical Practice (joint RCGP/GPC Guidance) July 2008

Very rarely, GPs share information without informing the patient when it is a matter of life and death or there is a serious risk to the health and safety of patients or it is overwhelmingly in the public interest to do so.

But:

The ability or need for your GP to share your medical information appropriately and when required does not change whether you opt out of, or opt in to, the NHS Database. Opting out does not mean refusing to allow your GP to ever share your information, it simply means refusing for your data to be uploaded to the NHS Database - and nothing else.


WON'T THE NHS DATABASE "SAVE MY LIFE" ?

The NHS Database is often touted as "lifesaving". That is, if you were to fall ill in Torquay (instead of Yateley) then medical staff (e.g. in A&E) would have access to your medical history (assuming the IT worked). And this might just save your life.

Well, that's how it's being sold. But the chances of that happening are extremely rare.

"We observed no cases in which an SCR unequivocally made care safer, or in which absence of one seemed to make care unsafe.."

"We encountered no examples of SCR use influencing onward referral (for example, preventing a hospital admission or ambulance call), nor of a patient without an SCR whose onward referral decision was likely to have been different had one been present."

UCL Evaluation of the SCR and HealthSpace, 2010


Perhaps:

then maybe, just maybe, access to your NHS Database information might make a life-saving or material difference to your immediate treatment.

However there are serious concerns about the accuracy of data stored on the NHS Database. Such errors could lead to patients being given inappropriate medication or suffering severe reactions, which in the worse case situation could be fatal.

"You can also ask to see a copy of the GP Summary contribution to your Summary Care Record before it is created."

Connecting For Health


There is no guarantee that your Summary Care Record will actually be accessed and used by medical staff were you to attend an A&E that is capable of doing so (and hardly any in England are at present).

Royal Bolton Hospital's A&E department is viewing the NHS Database on a doctor-request basis only at present. It has no plans to use it routinely, because it takes too long to look up the records.

The 2010 UCL evaluation of the Summary Care Record showed that many clinicians did not access the SCR even when one was available.

"Will doctors wait in an emergency to boot up systems and trawl through a summary care record, before they do anything? No they won't. Is it going to save lives in an emergency? No it isn't. Connecting for Health spins things."

Dr Grant Ingrams, co-chair of the BMA Joint IT Committee

In Hampshire, just 1 in 500 attendees to the few enabled A&E departments have their "Hampshire Health Record" (Hampshire's local version of the NHS Database) accessed and checked.

At Frimley Park Hospital (the local NHS hospital to us here in Yateley) staff who have access to the Summary Care Record only have access to demographic data (name, address, DOB etc) held within the system. They do not have access to the clinical record itself.....

No doctor in A&E will ever ignore a MedicAlert bracelet or SOS Talisman.

Within hospital outpatient departments and clinics, the Summary Care Record is hardly used at all. Across England, fewer than 20 summary care records are accessed per week.

For some people, making relevant medical information available to emergency medical staff can be very beneficial, for a few possibly life saving. For the vast majority it will be of little or no use.

If you think that you might really benefit from making your medical information available to others if you ended up in A&E, or if you needed to see an out-of-hours GP, then discuss this the next time that you see or speak with your GP.

The Summary Care Record is not the only way to make such information available. Other ways (see later in this website) are capable of providing information that :

And after considering everything you still decide that a Summary Care Record really is the best option for you, then tell your GP and give your explicit consent for your records to be uploaded.


WHAT ABOUT "END-OF-LIFE" CARE PLANS ?

The NHS Database is now being touted as the miracle answer to communicate patient wishes and end-of-life care plans, particularly in terminally ill patients. The assumption is that the wishes of people approaching the end of their life are not always conveyed to those who might need to know them (principally A&E departments). The NHS Database is, apparently, the answer.

If you ask any GP, the main problem with patient wishes and end-of-life care plans is that they are not commonly discussed (even among families), formulated and recorded, let alone disseminated and shared. In fact, less than one in three people have discussed how they would want to be cared for at the end of their life with friends/family/loved ones. Many terminally ill patients (understandably) seek to avoid such discussions, and it can be hard for health professionals such as District Nurses and GPs to broach the subject.

The Gold Standards Framework (GSF) is a systematic evidence based approach to optimising the care for patients nearing the end of life in the community, and is used by many GP surgeries. The GSF Home Pack can be given to patients to help enable better sharing of information and to keep important documents together. To this pack could be added shared medication records, as well as the all important care plans.

Advance care planning is about patients expressing their wishes and preferences about their future care, such as a choice to die at home. It can also include, but does not have to, advance decisions to refuse treatment. There are basically two aspects to advance care planning.

Advance Statements (these are not legally binding) convey people's preferences and wishes about their future care. These statement are dynamic and designed to be adapted and reviewed as needed. The GSF provides one such template, but others, such as Preferred Priorities for Care (and patient guidance) are also used.

Advance Decisions (formerly known as Living Wills) clarify refusal of treatment or what patients do NOT wish to happen to them in the future. These can be legally binding, and may include a Do Not Attempt Resuscitate order (DNAR). One such example is available here, but others exist from the Patients Association (here), The Alzheimer's Society (here, and form), and Age Concern (here).

All of these can be kept together at home (in a safe place where they can easily be found), available to family, friends and any health professional (GP, Nurse, Consultant, Paramedic) who visits the patient. The folder can be taken with the patient if they go for a hospital or hospice appointment, if they visit their GP or if they are admitted to hospital by ambulance. Copies of the documents should be provided to your GP and Consultant together with any updates. Family or close friends should be informed of the wishes and the location of any documents. Carry a card or statement on your person, explaining that you have made an Advanced Decision to Refuse Treatment and where it can be found.

A copy of the form(s) can be placed in a "message in a bottle" container which can be placed in the fridge (if this is the case then a sticker bearing a green cross on a white background will have been placed on the inside of the front door and on the door of the fridge).

Advance Statements and Decisions can be sent to local out-of-hours GP organisations and be available when necessary. In some parts of the country, Advance Decisions are sent by GPs (with the patient's permission) to the local Ambulance Trust as well. And there's nothing stopping these documents being sent to and kept by local A&E departments.

Adastra also offers their End of Life Care Register, a more detailed version of their Web Access software (see later in this website) but specifically for terminally ill patients. This may allow Advance Statements and Advance Decisions to be made available in detail to local out-of-hours clinicians by uploading them (in full) to the local out-of-hours database via a secure web portal (the out-of-hours database is only accessible by staff working in the local out-of-hours centre, and has nothing whatsoever to do with the NHS Database).

eol

Wishes and preferences, statements and decisions can already be made available and communicated widely.
The NHS Database is not necessary for that.

But the plans have to be dicussed, thought about and recorded in the first place, and so often this does not happen.
Uploading everyone's medical records to the NHS Database will not change that.

The NHS Database is touted as a solution as "any coded information and associated free text entered in the GP IT system could be sent as part of the GP summary to the Summary Care Record". But GPs do not enter vast amounts of free text, and very few (if any) fully transcribe Advance Decisions or Statements into this sort of free text (we would scan the whole document into the record). The free text on the NHS Database (and that's assuming that everyone dealing with the patient will have a smartcard, be able to logon and read the database record in the patient's home) will simply not be able to convey the level of detail that either a comprehensive home pack folder or sending/uploading the plans to the local OOH database could.


THE STRAW MAN ARGUMENTS

GPs who oppose the Summary Care Record object to the advancement of IT in medical care...
Not true. UK GPs have been, and remain, at the forefront of the innovative use of IT and electronic records.

GPs who oppose the Summary Care Record object to medical research and audit from patient records...
Not true. The Summary Care Record contains (at first) very limited information, and the core data is of no value to researchers. The data so desperately demanded by researchers lies within the detailed, GP and hospital-held electronic records. It is not held, and never will be held, within the Summary Care Record.

We need the Summary Care Record to prevent the frustration of incomplete or lost patient records...
Not true. The SCR won't prevent this - but the safe and secure electronic storage of detailed hospital records almost certainly will. The SCR is a poor, untrustworthy and potentially dangerous substitute for lost detailed care records.

Patients believe that their GP data is already widely shared in this way so the Summary Care Record creates no problems...
Not true. Patients understand that their GP will share information when necessary and appropriate, but patients do not believe that their GP information is accessible nationwide by hundreds of thousands of NHS and non-NHS workers.

Opting out of the Summary Care Record means that your GP cannot share any information about you...
Not true. Opting out means that your data is not uploaded - and that is all. Your GP can and will still share information about you with other healthcare providers when required and if appropriate.

We need the Summary Care Record to enable computerisation of medical records in General Practice...
Not true. UK GPs have been world leaders in the computerisation of their patients records, using some the of the most advanced software available.
The Summary Care Record has no bearing on this.

We need the Summary Care Record to enable computerisation of medical records in hospitals...
Not true. UK hospitals and trusts continue to move towards electronic medical records.
The Summary Care Record has no bearing on this.

We need the Summary Care Record as the way in which the NHS stores and manages health records is changing...
Not true. Whether the Summary Care Record project continues or stops, whether it remains an opt out or becomes and opt in scheme, and no matter how many people opt out of having a Summary Care Record, GPs and hospitals will continue to hold and strive to improve the safe and secure implementation of electronic patient records.
The Summary Care Record is irrelevant to this aim.


TRUE OR FALSE ?

The Summary Care Record will be restricted to essential information for emergency care, that is only a patient's demographic details, medications, allergies and adverse reactions. ...?

FALSE: The "core"data - which has NOT been "scaled back" - is the MINIMUM that will be uploaded to the Summary Care Record.

Your Summary Care Record is capable of near-limitless enrichment by your GP and by hospitals and clinics.


Uploading your medical records to the NHS Database is the only way to make your demographic information available to doctors if you were admitted to Accident & Emergency or needed to see an out-of-hours GP...?

FALSE: Your demographic data (name, address, DOB, telephone number, GP details etc) hs already been uploaded as part of the PDS. Those details are available to anyone with an NHS Smartcard.

You do not need to upload your records to the NHS Database to make demographic information available to medical staff in an emergency. That data has already been uploaded and is available to medical staff whether you have a Summary Care Record or not.


Uploading your medical records to the NHS Database is the only way to make your medical information available to doctors if you were admitted to Accident & Emergency or needed to see an out-of-hours GP...?

FALSE: There are a many other ways for you - or your GP - to make information available to medical staff in an emergency, should your medical circumstances warrant it (see later in this website).

You do not need to upload your records to the NHS Database to make information available to medical staff in an emergency.


Uploading your medical records to the NHS Database is essential to help medical research...?

FALSE: The Summary Care Record neither is nor ever will be a worthwhile source of information for medical researchers. However, your detailed GP records, as held by your surgery, is, and many GP practices already participate in medical research, inviting their patients get involved if they wish to.

You do not need to upload your records to the NHS Database to help medical research.


You will have to upload your medical records to the NHS Database for your GP to refer you to a specialist for further care, should this be necessary...?

FALSE: Opting out will IN NO WAY affect the medical care and treatment that you receive from the Oaklands Practice (or any other GP surgery), or affect the ability for your GP to refer you to a specialist for further care, should this be necessary. You remain fully (and legally) entitled to all the NHS care that you require, either from a GP, hospital A&E department or a hospital specialist, wherever you are in the UK.

You do not need to upload your records to the NHS Database for your GP to refer you to a specialist for further care.


You will have to upload your medical records to the NHS Database for your GP to be able refer you to a specialist by secure email or online...?

FALSE: Opting out will IN NO WAY affect the ability of your GP to do this, if your GP wishes to do so. Some hospitals and specialists are happy to receive referrals from GPs by nhs.net email (which is the only BMA and Department of Health approved email service for securely exchanging clinical data between NHS users). Hospitals are now receiving referrals from GPs online via secure encrypted portals.

You do not need to upload your records to the NHS Database for your GP to be able to do this.


You have to upload your medical records to the NHS Database before you can email your GP or your surgery...?

FALSE: Many GP surgeries, and/or individual GPs, are happy to receive emails from patients. If you are unsure whether your GP or surgery allows this, just ask them.

You do not need to upload your records to the NHS Database to email your GP or surgery.


You have to upload your medical records to the NHS Database before you can request a repeat prescription by email or online...?

FALSE: Many GP surgeries are happy to receive email repeat prescription requests from patients. Some GP surgeries have an online prescription ordering facility. If you are unsure whether your GP or surgery allows this, just ask them.

You do not need to upload your records to the NHS Database to request a repeat prescription by email or online.


You have to upload your medical records to the NHS Database before you can book an appointment with your GP online...?

FALSE: Some GP surgeries are already offering patients the ability to book GP appointments securely online.

You do not need to upload your records to the NHS Database to book an appointment with your GP online.


You have to upload your medical records to the NHS Database before your GP can use GP2GP, Choose & Book or the Electronic Prescription Service ...?

FALSE: Many practices are already using GP2GP electronic transfer of GP records and the Electronic Prescription Service. Some practices are still using Choose & Book. Patients who have opted out of the NHS Database can still be referred through Choose & Book.

You do not need to upload your records to the NHS Database before your GP can use GP2GP, Choose & Book or the Electronic Prescription service.


You have to upload your medical records to the NHS Database before you can look at your medical records...?

FALSE: The Data Protection Act already gives you the right to access your own health records as held by your GP surgery - you just have to ask.

In fact, some GP surgeries are already offering patients the ability to access their surgery-held medical records securely online.

The NHS Database is being touted as a way to:

Well, all of these are easily achieved by asking your GP:

And all without the NHS Database.

You do not need to upload your records to the NHS Database to access your medical records.


My GP will be angry if I opt out...?

FALSE: Your GP will not be angry, annoyed, irritated or in any way bothered if you opt out (or indeed, opt in).

Many GPs and their families have already opted out of the NHS Database.

The decision to opt out of or opt in to the NHS Database is yours and yours alone to make.


My GP surgery is obliged to upload medical records to the NHS Database...?

FALSE: GP Practices can choose not to take part in the Summary Care Record programme.

GP practices are under no obligation to upload medical records to the NHS Database (or Summary Care Record).


If I have a Summary Care Record, and apply for an Advanced HealthSpace account, then I will be able to view my entire GP record or my hospital records online...?

FALSE: You will only be able to see what's in your Summary Care Record (which might not be very much).

Having a Summary Care Record will not give you online access to your GP or hospital records.


You have to upload your medical records to the NHS Database before you can register for, and use, a Department of Health's online Advanced "HealthSpace" account...?

FALSE: If you really want to use Advanced HealthSpace (and not many people want to) then you can do so whether you have opted out of the NHS Database or not.

You do not need to upload your records to the NHS Database before you can register for, and use, a Department of Health's online Advanced "HealthSpace" account.


I have to wait until the NHS Database goes live in my area before I can opt out...?

FALSE: You do not have to wait until the Summary Care Record goes live in your PCT, or until you receive the public information programme mail out. You will not have to opt out a second time when the database goes live in your area.

You can opt out of the NHS Database at any time, right now if you wish. And you can opt back in at any time in the future.


I have just 12 weeks from receiving the information pack to decide whether to have a Summary Care Record or not...?

FALSE: Not if you opt out.

If you opt out of the NHS Database then you can opt in - and have a Summary Care Record - if and when you decide, at any time in the future. You will not be under any deadline if you opt out.


If I wish to opt out of the NHS Database then I have to contact my PCT to do so...?

FALSE: Absolutely not. Do not send your opt out form/letter to the PCT and do not telephone, email or opt out in person to your PCT. You opt out through your GP surgery.

Your GP is the data controller for your medical records, not the PCT.


You have to opt out in person and make an appointment to see your GP or the local Primary Care Trust to do so...?

FALSE: Absolutely not, although you can opt out simply by asking your GP the next time that you see him or her.

You do not need to opt out in person - you can opt out verbally if you wish. You do not need to fill in an opt out form if you do not wish to. You do not need to make an appointment with your GP to opt out and you most definitely do not need to discuss opting out with anyone first.


If you opt out of the NHS Database, your GP will send your details and the fact that you have opted out to the Primary Care Trust, the Strategic Health Authority or the Department of Health...?

FALSE: Your GP will not - and cannot - do this if your opt out form (such as the one downloadable from this website or The Big Opt Out) states that your opt out is given in confidence.

Your GP will not inform the PCT, SHA or DoH if your opt out is given in confidence.


My children's medical records will not be uploaded to the NHS Database until they are at least 16 years old...?

FALSE: Everyone's medical records will be uploaded to the NHS Database, no matter how young or old. Children will not be told that their records are being uploaded; it will be up to their parents or guardians to inform them.

Your children's medical records will be uploaded to the NHS Database unless you opt them out.


If my children's records are uploaded to the NHS Database then in the future they will be always able to get their data deleted if and when they want, when they are old enough to understand and make that decision...?

FALSE: They will never be able to get their uploaded data deleted.

Your children will never be able to get their data deleted from the NHS Database if you allow their medical records to be uploaded. They will not be able to place themselves in the position that they would have been had you prevented their records from being uploaded in the first place.


I need my GP's permission before I can opt my children out of the NHS Database...?

FALSE: Absolutely not, the decision to opt out, or opt in, your children to the NHS Database is yours to make, after discussion with your children as appropriate.

You do not need to see, discuss with or seek the permission of your GP before opting your children out of the NHS Database.


You cannot check that your medical data is accurate before your GP uploads it to the NHS Database...?

FALSE: You have the right to see a copy of your medical data before it is uploaded by your GP surgery to the Summary Care Record (NHS Database).

You can check that the summary data that your GP holds and will send to the NHS Database is complete and accurate before any data is uploaded. You just have to ask your GP surgery to do this.


Just like your surgery records, your GP will be the Data Controller for your records uploaded to the NHS Database...?

FALSE: Your GP will not be the Data Controller for your uploaded records. The Secretary of State for Health will be in total control of your data.

Your GP will not be the Data Controller for your uploaded records. He/she will not have any control over your data whatsoever.


If you agree to have your records uploaded to the NHS Database then you can change your mind at any time in the future and get your data deleted...?

FALSE: If you allow your records to be uploaded then it will be virtually impossible to get your data completely deleted from the NHS Database. You can get your "visible" record "blanked" or "masked", and this will limit those who could clincally access your data, but all your uploaded data will remain intact on the NHS Database forever.

It will be impossible to get your data deleted from the NHS Database if you allow your medical records to be uploaded. You will not be able to "change your mind" and place yourself in the position that you would have been had you prevented your records from being uploaded in the first place.


The information in a Summary Care Record is only accessible by staff directly involved in a patient's treatment...?

FALSE: Anyone with an NHS smartcard and the appropriate permissions (RBAC roles) on the card can access any Summary Care Record, anytime, anywhere.

Hundreds of thousands of NHS and non-NHS workers will have access to every single Summary Care Record.


My GP can control and limit those who can access my Summary Care Record with a smartcard...?

FALSE: Anyone with an NHS smartcard and the appropriate permissions (RBAC roles) on the card can access any Summary Care Record, anytime, anywhere. Your GP does not control - in any way - who has that activity role.

Your GP has no control over who can access your Summary Care Record.


If you agree to have your records uploaded to the NHS Database then you will be informed each and every time anyone - anywhere - accesses your medical record, or informed at regular intervals as to how many times your record has been accessed and by whom...?

FALSE: The NHS will not volunteer this information to you.

You will have to request this yourself and directly from the Department of Health - your GP cannot provide you with this information.


If I am unhappy with any medication that my GP prescribes for me being automatically uploaded to my Summary Care Record then I can stop that from happening...?

FALSE: You cannot stop a record of the medication that your GP prescribes from being automatically uploaded to the SCR, even if this is medication clearly used to treat sensitive or embarrasing conditions, and nor can your GP stop this upload .

It is often easy to deduce a patient's diagnosis from the medication being used to treat him or her. Ask any doctor what the diagnosis is (place mouse over drug name) when the following are prescribed:

A record of any and all medication that your GP prescribes for you will be automatically uploaded to the SCR and your GP cannot prevent this. If you are not happy about this then you should opt out.


If I have an Enriched Summary Care Record then no information beyond allergies, medication and adverse reactions will be uploaded without my explicit consent...?

FALSE: The 93C2/9Ndn codes allow diagnoses, procedures and operations to be uploaded under the guise of Reasons for Medication and Reasons for Medication Cancellation.

Your explicit consent for this will not be sought. And you cannot stop this upload from happening.


If I have opted out, or my GP has added the 93C3/9Ndo code into my GP records, then I cannot change my mind and have just a basic (core) Summary Care Record...?

FALSE: All your GP has to do is to delete the opt-out codes from your GP records, ensuring that the reason for the deletion is clearly recorded.

You can have a Basic Summary Care Record or an Enhanced Summmary Care Record, whether you have previously opted out or not.


If I have an Enriched Summary Care Record then no information from my hospital records will uploaded to my Summary Care Record...?

FALSE: The 93C2/9Ndn code will almost certainly be the foothold required to allow uploading of Release 2 data from hospitals and clinics to the Summary Care Record.

An Enriched Summary Care Record can be enriched by your GP and hospitals and clinics.


My explicit consent will always be sought before any information from my hospital records is uploaded to my Summary Care Record...?

FALSE: Your permission may not be sought. No one knows, and the Department of Health will not say. Details of hospital clinic and A&E attendances, and in patient summaries, may be added automatically. It is entirely up to the hospital or clinic to seek your permission.

Your explicit consent for this may not be sought.


You will have to upload your medical records to the NHS Database to continue being registered with an NHS GP...?

FALSE: Absolutely not.

You do not need to upload your records to the NHS Database to continue being registered with an NHS GP.


You will have to upload your medical records to the NHS Database to continue being in the NHS...?

FALSE: You will NOT be opting out of the NHS in any way if you do not allow your records to be uploaded.

You do not need to upload your records to the NHS Database to continue being in the NHS.


In a Freedom of Information response, Frimley Park Hospital have confirmed that thay have no intention of refusing to provide, or of refusing to continue to provide, medical treatment to patients who have either opted out of the NHS Database and/or chosen not to have a Hampshire Health Record.


WHICH GP PRACTICES ARE UPLOADING MEDICAL RECORDS TO THE SUMMARY CARE RECORD?

There are approximately 8300 GP practices in England.

Pulse Today have created an excellent Google map of the Summary Care Record rollout, which I have added to with information gleaned through FOI requests. This shows how many practices are uploading per PCT.

Please click on the image below to open the interactive map in a new window.


Uploading of vast amounts of data to the Summary Care Record without appropriate patient consent continues and will continue, despite any historical pledges that this government made whilst in opposition.

"an NHS computer costing billions of pounds that many professionals in the NHS can't really tell you what it's for, though they are worried its going to take away patient confidentiality"

David Cameron (Conservative)
October 2007

"What I can assure you of is that we will stop the automatic uploading of data to a central server with it being available across the NHS network without patients' consent."

Andrew Lansley (Conservative)
August 2009

"We would have said: 'Today you don't need a massive central computer to do this'. People can store their health records securely online; they can show them to whichever doctor they want. They're in control, not the state."

David Cameron (Conservative)
April 2009

"The Government needs to end its obsession with massive central databases. The NHS IT scheme has been a disastrous waste of money and the national programme should be abandoned."

Norman Lamb (Liberal Democrat)
March 2010

"You want to have your data held locally and that should be with the person you trust most in the health service, which will be your GP...If we hold the data locally it's more likely to be protected than within this massive [NHS] database."

Stephen O'Brien (Conservative)
August 2009



DON'T LOSE CONTROL OF YOUR MEDICAL RECORDS

You have a choice.

You do not have to allow your medical records to be uploaded to the NHS Database. The choice is yours.

Patients should be able to expect that information about their health which they give in confidence will be kept confidential unless there is a compelling reason why it should not.

Confidentiality and disclosure of health information - BMA tool kit

You have nothing to lose by opting out now.

There is no deadline by which you must opt in by.

You can have a Summary Care Record created at any time in the future.

You do not have to wait until the Summary Care Record goes live in your area to opt out. You can opt out right now and your wishes will be recorded by your GP and will ensure that your data is not uploaded when the programme does go live for your surgery.

"If you decide that you do not want to have a Summary Care Record, the NHS will continue to do its best to provide you with safe, efficient care. Your decision not to have a Summary Care Record will be respected."

Connecting for Health


If you opt out then your medical records will remain under GP–control and not be uploaded until you give your explicit consent for that to happen.

Opting out does not mean that your GP will keep your medical records on paper instead of electronically.

The Summary Care Record is not changing the way in which your GP or your hospital health records are stored.


An independent evaluation concluded that most patients in the NHS Database pilot areas were not aware of the NHS Database upload programme at all, despite massive publicity, resulting in many patients having their records uploaded without their knowledge or understanding. As one GP in the pilot put it, "patients don't have a clue".

Acording to the 2010 UCL evaluation, most people who are in the catchment area for a mailshot, when asked a few weeks later, have no recollection of having received the public information letter.

"We can not support a system which does not support proper informed consent and that most patients do not understand."

British Medical Association, Northern Regional Council


"There would have been very good arguments for clear public information and an opt-in policy for this scheme. But the worst of all worlds is to alleviate political criticism by providing a so-called opt-out which is inaccessible and virtually meaningless. How do you expect people to trust you with their most sensitive and private information if they can't even trust you to be honest in trying to gain their consent?"

Isabella Sankey, Liberty


Some GP surgeries have pledged not to upload their patients' records without their explicit consent by adding the 93C3/9Ndo read code to all their patients' records (as The Oaklands Practice has done). But others have not clearly and openly done so.


If you say and do nothing there is a very real risk that your medical records could be uploaded without your knowledge or understanding, disclosed to those that ought not to have them, and that your data will be used in unacceptable and unexpected ways beyond your control.

"The break-neck speed with which this programme is being implemented is of huge concern. Patients' right to opt out is crucial, and it is extremely alarming that records are apparently being created without them being aware of it. If the process continues to be rushed, not only will the rights of patients be damaged, but the limited confidence of the public and the medical profession in NHS I.T. will be further eroded."

British Medical Association


Please don't allow this to happen to your family's medical records.


YOU should decide:

  • IF your records are uploaded to the NHS Database
  • WHEN your records are uploaded to the NHS Database
  • IF your children's records are uploaded to the NHS Database
  • WHEN your children's records are uploaded to the NHS Database

"Putting patients at the centre of decisions around how their data are stored and shared is essential for maintaining confidence in the system. The doctor/patient relationship is based on trust. In the course of consultation and treatment, patients will often disclose highly sensitive information on the basis that it will be kept confidential. A loss of trust in the system could result in patients withholding information or even avoiding the healthcare system altogether."

British Medical Association


"If patients cannot trust their personal doctors to keep their confidences, they may not trust them at all."

Sir Denis Pereira Gray
Vice Chairman of the Ethics and Confidentiality Committe, NIGB


If you opt out now then this will ensure that your family's records are not uploaded UNTIL YOU OPT IN AND GIVE YOUR EXPLICIT CONSENT FOR THIS TO HAPPEN.

And if you are certain that your actually want your records uploaded to the NHS Database, then tell your GP and give your explicit consent for this to happen.

Opt out or explicitly opt in - but don't leave it to chance.
If you do nothing, there is a very real chance that your data will be uploaded.

"Do nothing and a record will be created for you."

Connecting for Health, Patient Choices



Download the " DO YOU WANT A SUMMARY CARE RECORD? " algorithm, below, as a pdf

algo

Download the " READ CODES AND THE SCR " factsheet, below, as a pdf

factsheet

HOW CAN I GIVE MY EXPLICIT CONSENT AND OPT IN?

If you are certain that you want a Summary Care Record (if you are unsure then please discuss it with your GP) then you can opt in by giving your explicit consent to your GP.

Your GP needs to be confident that you understand what you are consenting to and that the explicit consent has come from you (and no one else).

If you are certain that you would like your data uploaded then you simply have to state this to your GP. You can see your GP, ring your GP or write to your GP. If your GP allows you to email him/her then you could give your explicit consent in this way.

"We should all recognise the value of our personal data, and also treat other people's personal data as we would wish them to treat our own."

British Computer Society
Personal Data Guardianship Code

You have the right to see a copy of your medical data before it is uploaded by your GP surgery to the Summary Care Record (NHS Database).

This will allow you to check the following:

  • That the medications that you are being prescribed are recorded correctly and are up to date
  • That the allergies or adverse reactions to medicines (if any) that you have are recorded accurately and in full
  • That the main illnesses or diagnoses in your medical record are accurate and comprehensive

before the information is uploaded to the NHS Database.

Useful Read Codes for GPs to use during an "opt in" discussion:

  • Medication review with patient - 8B3x
  • Patient review of medical records - 9N5A
  • Electronic record notes summary verified - 93440
  • Clinical record verified by patient - 9l0
  • Electronic clinical summary verified by patient - 9l1

ANY communication (in person, by letter, email, fax, or telephone) to your GP stating your wish to opt in is valid.

Remember to tell your GP whether you want your SCR to be a basic SCR (consisting of core data only) or an enriched one.


I have created a simple opt in form for use at any GP surgery:

Download the generic opt in form in PDF format

Download the generic opt in form in DOC format

Download the generic opt in form in RTF format

Please note that this form states that you want a basic SCR, with core data only uploaded.


You can opt in using this simple form:

Do NOT send your opt in form to your local PCT. The PCT is not the data controller for your medical records, your GP is.

You can opt in verbally (without an opt in form or letter) by:
OPTING IN YOUR CHILDREN

Your children may be of an age and of sufficient maturity to be competent to decide for themselves whether they want a Summary Care Record or not.

You should discuss opting in to the Summary Care Record with your children, particularly if they are teenagers and likely to have an opinion on whether they wish for their medical data to be shared in this way or not.

Your GP will need to be certain that any children, whose parents or guardians have opted them into sharing their medical data, fully understand what they are being consented into. If needs be, your GP may wish to discuss the opt in with your child before uploading any data to the Summary Care Record.

"Children's competence to consent depends on their maturity; the quality of the information provided to them; the nature and sensitivity of the data; and the child’s understanding of the purpose(s) for which the data are shared, the organisations or individuals who will have access to their data and the consequences of consent, or of failure to provide it. It requires careful assessment of each individual child."

"Parents have responsibility for their children. As a matter of good practice, arguably as a matter of law, they should be involved in the consent decisions of their competent children unless the child specifically objects, or there are special reasons against it."

Action on Rights for Children
Protecting the Virtual Child - the law and children's consent to sharing personal data


WHAT AM I OPTING IN TO?

Remember - if you opt in and consent to a Summary Care Record then you may be consenting to it being enriched with further data from your GP record unless you tell your GP otherwise.

Remember - if you opt in and consent to a Summary Care Record then your medical data from hospital or clinic visits (so called Release 2 information) could be uploaded to the NHS Database.

The Summary Care Record that you might consent to now will almost certainly will be very different to the Summary Care Record that will roll out in your area in the years to come.

In Hampshire, for example, it may be years before the SCR goes "live".

Hampshire PCT has had no recent meetings with the Strategic Health Authority regarding the implementation of the SCR locally.

Hampshire PCT have no plans to implement the SCR in 2010/11.

"NHS Hampshire will continue to consult with the SHA but is yet to formalise a timeline for the implementation of the SCR."

Hampshire PCT

In Buckinghamshire it looks like it will be a very long before the SCR goes "live"...

"Although NHS Buckinghamshire believes that a summary and shared record of some form is required to support the new pathway based ways of working, at present, the Connecting for Health's Summary Care Record does not meet those requirements."

"The functionality and Information Governance considerations of SCR are kept under constant review, but to date, no change in our decision is expected."

NHS Buckinghamshire
FOI response May 2010

And on the Isle of Wight, there are no plans to rollout the Summary Care Record in 2010/11.

A lot can and will change with the SCR in years to come and you may not have consented to such changes if you do opt in now.


HOW CAN I OPT OUT?

Opting out of the NHS Database is quick and easy.

You do not have to wait until the NHS Database goes live in your area to opt out. You can opt out right now and your wishes will be recorded by your GP and will ensure that your data is not uploaded when the programme does go live for your surgery.

You are under no obligation whatosever to fill in the official Connecting for Health opt out form in order to prevent your data from being uploaded.

And when the database does go live in your area and for your surgery, you will not have to opt out a second time.

"We are absolutely clear that anyone who has already expressed their wishes about opting out shouldn't have to go through any other process."

"We're not insisting everybody fills in an opt out form. The bottom line is if people have a wish to opt out we want to make it as simple and straightforward as possible."

Connecting for Health


In a Freedom of Information response in April 2010, the Department of Health confirmed the following as correct:
  • The ONLY requirement to prevent uploading of GP summary data from the GP-held electronic record to the Summary Care Record is the continued presence of the read code "93C3" in that patient's record, irrespective of the circumstances that resulted in the addition of that code into their record.

  • Patients who have "opted out" some while ago, e.g. in 2006, and whose GP-held electronic records therefore already contain the read code 93C3, are:

    • NOT obliged to re-register their opt out once roll-out commences in their PCT area
    • NOT obliged to re-register their opt out with their GP surgery once their surgery decides to engage with the SCR programme
    • NOT obliged to re-register their opt out using ONLY the "official" CfH opt-out form because of an assumption that their previous opt-out is no longer valid.

Your GP will either add the appropriate read code (93C3 or 9Ndo) to your GP-held records or your GP can set your decision to refuse to have a Summary Care Record directly via the surgery GP software (the so-called "Summary Care Record preference flag").

"Once the code 93C3 (or XaKRy in CTV3) is entered onto the GP system, a blank record is uploaded which contains no clinical information and solely indicates that the patient has chosen not to have a Summary Care Record."

Connecting for Health


Opt out


ANY communication (in person, by letter, email, fax, telephone or text) to your GP stating your wish to opt out is valid.

You can opt out in writing:

Do NOT send your opt out form to your local PCT. The PCT is not the data controller for your medical records, your GP is.

You can opt out verbally (without an opt out form or letter) by:

Do NOT ring, email or attend your local PCT to opt out. The PCT is not the data controller for your medical records, your GP is.

And be reassured that:

I have created a generic opt out form for use at any GP surgery. Please feel free to give, send or email copies of the generic opt out form to your family, friends and neighbours.

Download the generic opt out form in PDF format

Download the generic opt out form in DOC format

Download the generic opt out form in RTF format


Alternatively, you can download a standard opt out form from The Big Opt Out.

If you prefer, here is the offical Connecting for Health Summary Care Record opt out form.


If you are registered at the Oaklands Practice you do not need to opt out of the NHS Database.
We will not upload your records without your active and explicit consent.



HOW CAN I CONFIRM THAT MY OPT OUT HAS BEEN REGISTERED?

There is no doubt that some patients are finding it very difficult to opt out. Once you have opted out, however you have done so, then there are a number of ways that you can check that the opt out code has actually been entered into your GP records (especialy if you have doubts as to whether your practice is actually recording opt outs from the Summary Care Record).

You can simply ask your practice. You could ask a receptionist, or contact the practice manager, or contact your GP. It takes just seconds to confirm that the code has indeed been added to your records.

You can ask your GP, or a nurse, to check that the code has been added when you next have need to attend for an appointment at your practice.

You could write to your practice and ask them to confirm this to you (enclose a SAE if you prefer).

Any of the above informal methods should ensure that you are confident about your opt out status. However, some practices are being difficult and obstructive when it comes to Summary Care Record opt outs.

The last resort is to use your rights under the Data Protection Act. You have the right to confim what information an organisation (such as your GP practice) holds about you, and this includes your health records. This is known as a Subject Access Request (SAR).

If you want to see your health records, you don't have to give a reason.

You can ask your practice to allow you to inspect your records (that is, view them at the surgery but not have a copy of the records). This is simple and you can ask the practice manager or receptionist to point out to you the opt out read code in your records. Accessing your records in this way can be free (if your records have been updated or added to in the previous 40 days), or at most a fee of £10 can be required by the practice.

You can ask for your practice to provide you with a copy (printout) of all computerised entries relating to the 93C3 opt out code, clearly indicating the date that the code was entered in your GP records. This is likely to be a one line printout. Accessing your data in this way will incur at most a fee of £10.

Finally, you can ask your practice for a copy (printout) of your detailed computerised medical records (all entries). Make sure you specify that you only wish for records stored on the computer, not held on paper. If you are simply confirming your opt out, you could ask just for records from the day before your submitted your opt out to the present day. This will greatly limit the size of the printout (and possibly the fee). When you receive the printout, you should be able to see the opt out read code recorded amongst the other information. Accessing your records in this way will incur at most a fee of £10.

Useful information on submitting a subject access request can be found in this leaflet from the Information Commissioner.


If you are registered at The Oaklands Practice and you have any questions whatsoever about the Summary Care Record then please do contact me.

Dr Neil Bhatia
Caldicott Guardian for the Oaklands Practice


WHAT IS THE HAMPSHIRE HEALTH RECORD?

The Hampshire Health Record is the local version of the NHS Database.

Just like the NHS Database, the HHR is a massive, centralised database of GP records, accessible to many hundreds (and soon, thousands) of people across Hampshire.

Just like the NHS Database, you have to opt out to prevent your (entire) GP records being uploaded.

That's assuming that you even know about it, and many hundreds of thousands of Hamsphire residents do not know about it or have any idea what has happened to their GP records.

You can find details of the Hampshire Health Record here: www.hampshirehealthrecord.info.

If you are registered at the Oaklands Practice you do not need to opt out of the Hampshire Health Record.
We will not upload your records without your active and explicit consent.


This non-commercial website represents the personal views of Dr Neil Bhatia, GP and Caldicott Guardian for the Oaklands Practice


Next page: BMA Policies, Useful Documents, Press Articles