CLEAR and data privacy

Welcome to 33n Ltd’s (33n) privacy notice for the National CLEAR Programme. CLEAR is supported by Health Education England and delivered by 33n, a company of NHS clinicians, data analysts and data scientists. 33n is a “data controller”, which means 33n controls all data relating to the National CLEAR Programme and is responsible for deciding how personal information is processed. 33n is required under data protection legislation to notify you of the information contained in this privacy notice.

The below privacy notices are unique to both patients and staff of the organisation which is taking part in a project as part of the National CLEAR Programme. 33n respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when it is used as part of a project for the National CLEAR Programme and it will tell you about your privacy rights and how the law protects you, in accordance with the General Data Protection Regulation (GDPR).

This privacy notice is provided in a layered format so you can click through to the specific areas set out below.

We keep our privacy notice under regular review. This version was last updated July 2022.

If you have any questions or concerns about the below or would like to know more, please contact 33n’s Data Protection Officer (DPO) by emailing dpo@33n.co.uk

You also have the right to make a complaint to the Information Commissioner’s Office (ICO) which is the UK supervisory authority for data protection issues. You can find out more on the ICO website.

Privacy notice for service users

Privacy notice for staff

Privacy notice for staff

Last updated June 2023 

This privacy notice applies to members of staff either employed at the organisation taking part in a project, as part of the National CLEAR Programme, or by other organisations associated with the delivery of care at the organisation where the project is taking place. In this privacy notice, “you” or “your”, refers to members of staff either employed at the organisation taking part in a project, as part of the National CLEAR Programme, or by other organisations associated with the delivery of care at the organisation where the project is taking place.  

If you have any questions or concerns about the below or would like to know more, please contact 33n’s Data Protection Officer (DPO) by emailing dpo@33n.co.uk. 

You also have the right to make a complaint to the Information Commissioner’s Office (ICO) which is the UK supervisory authority for data protection issues. You can find out more on the ICO website. 

individuals

Personal data/information means any information about an individual from which a person can be identified. This includes pseudonymous data. It does not include data where the identity has been removed (anonymous data). 

We will collect, store, and use the following categories of personal information about you as part of CLEAR project: 

  • Contact data (name, title, addresses, telephone numbers, and personal/work email addresses). 
  • Location data (place of employment or workplace). 
  • Job titles. 
  • Objective descriptions of how you and your colleagues perform your responsibilities in your organisation (policies, procedures, protocols, established ways of work etc). 
  • Subjective opinions relating to the delivery of care in the organisation (internal and external constraints, issues, opportunities; general observations; recommendations etc). 
  • Your opinions about, or descriptions of, your experience of the CLEAR programme. 
  • Your opinions about, or descriptions of, the impact of the CLEAR programme. 

If you are participating on the CLEAR programme, we will also collect, store, and use the following categories of personal information about you: 

  • Gender data. 
  • Educational assessment data. 
  • Usage data. 
  • Starting and leaving date and your reason for leaving. 

Throughout a CLEAR project, we and CLEAR Associates, who are taking part in the project, will obtain personal information in several ways including: 

  • When you fill in a form. 
  • When you participate in an interview, meeting, or other engagement process as part of a project. 
  • When your employer gives us your contact, location, and employment data in a form, by post, email, phone or otherwise. 
  • When you log in or otherwise verify a user account associated with access to a service provided by 33n. 
  • When you email or call the CLEAR team or 33n. 
  • When you give 33n a business card. 
  • When you participate in any activity organised for delivery of the CLEAR programme including, but no limited to, online tutorials or similar learning sessions; interviews, meetings or other engagement processes; feedback and post-project evaluation sessions; quizzes, questionnaires, assessments or other similar means of collecting information. 

We will only use your personal information when the law allows us to. The lawful basis for processing your personal data will depend on the purpose for which it was obtained and on if you are employed, or not, by the organisation participating in the CLEAR project.  

The table below sets out the purpose for which we may process your personal data and the relevant lawful basis/bases for that processing. 

It is also possible that there may be some circumstances where 33n use your data to where we need to comply with a legal obligation. 

Purpose of processing  Type(s) of data  Lawful basis 
CLEAR programme: participant involvement and assessment 

Provision of various IT services necessary for the delivery of the CLEAR programme and assessment of your involvement, and engagement, with CLEAR to help ensure you get an optimum outcome from your involvement in the programme 
  • Contact data. 
  • Location data. 
  • Job title.  
  • Starting and leaving date and your reason for leaving. 
  • Educational assessment data. 

 
  • Contract 
CLEAR projects 

Identify key clinical challenges and opportunities in a service area or system of care. 
  • Job title.  
  • Objective descriptions of how you and your colleagues perform your responsibilities in your organisation. 
  • Subjective opinions relating to the delivery of care in the organisation. 
  • Legitimate interest if you are employed by the organisation where the CLEAR project is taking place. 
  • Consent if you are not employed by an organisation where the CLEAR project is taking place. 
Improving tools and services for CLEAR  

Improving and introducing new tools and services relating to delivery of other CLEAR projects. These tools and services will be on both a health service provider basis, and on a regional, national or other aggregated basis. Both bases are designed to enable effective deployment of members of the healthcare workforce, improve the well-being of both workforce and service users and, ultimately, improve the overall care and experience of service users. 
  • Objective descriptions of how you and your colleagues perform your responsibilities in your organisation (policies, procedures, protocols, established ways of work etc). 
  • Subjective opinions relating to the delivery of care in the organisation (internal and external constraints, issues, opportunities; general observations; recommendations etc). 
  • Legitimate interest if you are employed by the organisation where the CLEAR project is taking place. 
  • Consent if you are not employed by an organisation where the CLEAR project is taking place. 
Continuous improvement 

Improving user experience.  
  • Usage data 
  • Gender data 
  • Legitimate interest 
Accessing Dashboards (legitimate interest) 
  • Contact data 
  • Legitimate interest 
CLEAR programme: governance and reporting  

Information you provide may be used for outputs created for CLEAR programme governance and / or reporting. 

 
  • Your opinions about, or descriptions of, your experience of the CLEAR programme 
  • Consent 
CLEAR Feedback (consent) 

Improving content and delivery of the CLEAR programme. 
  • Contact data. 
  • Job title 
  • Your opinions about, or descriptions of, your experience of the CLEAR programme 
  • Legitimate interest for the purposes of contacting you to request Feedback. 
  • Consent for subjective opinions. 
CLEAR Post-project evaluation  

 
  • Contact data. 
  • Job title. 
  • Your opinions about, or descriptions of, the impact of the CLEAR programme. 
  • Legitimate interest for the purposes of contacting you to request Feedback. 
  • Consent for subjective opinions. 
Marketing & promotions 

Information you provide may be used in marketing material, or other similar communications and social media platforms. 

We might contact you after your involvement in the CLEAR programme is completed to see if you are interested in becoming involved in CLEAR at a future date or if you would like to receive CLEAR programme updates and news. 
  • Location data 
  • Job title 
  • Your opinions about, or descriptions of, your experience of the CLEAR programme 
  • Your opinions about, or descriptions of, the impact of the CLEAR programme. 
  • Consent 

Change of purpose 

33n will only use your personal information for the purposes for which it was collected, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. 

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 

Automated decision-making 

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We can use automated decision-making in the following circumstances: 

  1. Where we have notified you of the decision and given you 21 days to request a reconsideration.
  2. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
  3. In limited circumstances with your explicit written consent and where appropriate measures are in place to safeguard your rights.

You will not be subject to decisions, as part of a CLEAR project, that will have a significant impact on you based solely on automated decision-making unless we have a lawful basis for doing so and we have notified you. 

We do not envisage that any decisions will be taken about you using automated means, however, we will notify you in writing if this position changes. 

We will never share your personal data with any third parties. 

33n uses third-party processing tools and, as a result, may make limited amounts of international transfers as part of a processing tool’s data redundancy and back-up, policies and procedures. All such transfers are governed by suitable safeguards, specifically use of Standard Contractual Clauses, which ensure your personal information is treated by those third parties in a way consistent with, and which respects, EU and UK laws on data protection.   

If you require further information about this protective measure, you can request it from the DPO (dpo@33n.co.uk). 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. Details of these measures are available upon request by email dpo@33n.co.uk. 

33n limits access to your personal data to those employees, agents, and contractors who have a business need to know. They will only process your personal data on our instructions and are subject to a duty of confidentiality. 

33n have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so. 

33n will only retain your personal information for as long as necessary to fulfil the purposes we collected it for including for the purposes of satisfying any legal or reporting requirements. Details of retention periods for different aspects of your personal information are available in our retention policy which is available from the DPO (dpo@33n.co.uk).  

To determine the appropriate retention period for personal data we consider the amount, nature, and sensitivity of the personal data; the potential risk of harm from unauthorised use or disclosure of your personal data; the purposes for which we process your personal data and whether we can achieve those purposes through other means; and the applicable legal requirements.  

We may anonymise your personal information so that it can no longer be associated with you in which case we may use such information without further notice to you. 

Your legal rights 

Under certain circumstances, by law you have the right to: 

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. 
  • Request correction of the personal information we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. 
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below). 
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes. 
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you if, for example, you want us to establish its accuracy or the reason for processing it. 
  • Request the transfer of your personal information to another party.  

If you want to review, verify, correct, or request erasure of your personal information; object to the processing of your personal data; or request that we transfer a copy of your personal information to another party, please contact the DPO. 

No fee usually required 

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances. 

What we may need from you 

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it. 

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.  

If you have any questions about this privacy notice, please contact the DPO at dpo@33n.co.uk. 

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