If we process personal data about you as a patient, employee, volunteer, a member of the public or in any other way, under the General Data Protection Regulations (GDPR) and the Data Protection Act 2018 (DPA18) you have rights which you need to be aware of.
These are called data subject rights and they are detailed below. In some instances, exemptions may apply and will not be possible to exercise a specific right.
Right to be informed
You have the right to be informed about the collection and use of your personal data. We will inform you about:
- why we process your data;
- the legal basis for processing it;
- who it will be shared with and;
- how long we will retain it for.
This is outlined in our privacy statement.
Right of access
If you ask for it, you have the right to know and obtain a copy of any personal information we hold about you. We will send it to you along with any supplementary information that helps you understand how and why your information is processed. Your request can be verbal or in writing and we do not normally charge a fee to deal with it. We respond to subject access requests within one month, but under certain circumstances the time limit may be extended. You will be informed if an extension is required and this will not normally be for longer than an additional two months.
Advice on how to make a subject access request to the trust can be found here: access your information here.
Right to rectification
You can make a request to have inaccuracies in your data corrected or completed it if it is incomplete. If we become aware of inaccurate or incomplete data we will immediately take steps to rectify it. If we need to verify whether the data is inaccurate, we will restrict processing on the data whilst verifying its accuracy.
If we are satisfied that the information we hold is accurate, we will inform you of our decision not to make amendments to the data.
Right to erasure
This is also known as the ‘right to be forgotten’. You can ask us to erase the personal information we hold about you and we will comply unless we have a lawful reason not to. For example, we will not comply with a request to erase your medical records as we have a legal obligation to retain them for a specific period.
Right to restrict processing
You have the right to limit the way we use your personal data. You can ask us stop processing your data if you have concerns about the accuracy or the way it is being used.
Right to object to processing
Under certain circumstances, you have the right to object to the processing of your personal data. You will need to tell us why you object and if we agree to your objection, we will stop processing. We will continue to process where we do not agree with your reasons or where we have legitimate reason to continue processing despite your objection. This right can only be exercised where we have stated the lawfulness of processing as necessary for a task carried out in the public interest or for legitimate interests.
Right to data portability
You can ask us to transfer your personal data to another organisation or you can ask us to give it you. This right only applies in the following circumstances:
- You gave us the data
- The data is held electronically
- Processing is automated
- The lawfulness of processing is based on: consent, necessary for the performance of, or entering into a contract.
Rights relating to profiling and automated decision making
You have the right to know if we make decisions solely by automated means or use your personal data for profiling. Our privacy statement will contain details of any profiling or automated decision making and you can object to your information being processed in this way.
You can exercise any of your rights by:
- Contacting the Trust’s Data Protection Officer (DPO) with any concerns or questions you may have on how the Trust is processing your data email@example.com
- Completing a form and sending it to us. Download the form here
- Sending an email to firstname.lastname@example.org
- Writing to us at:
Information Governance Team
West London NHS Trust
1 Armstrong Way
- Calling us on 020 8354 8354 and ask to be connected to the Information Governance Team.