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 November 2021.

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 staff

This privacy notice applies to all employees, workers, and contractors of an organisation that is taking part in a project as part of the National CLEAR Programme and to any healthcare provider involved in the project but not employed or contracted by the organisation taking part in a CLEAR project.

Why are you collecting my data?

The National CLEAR Programme, which stands for Clinically-Led workforcE and Activity Redesign, is a nationwide programme placing clinicians at the heart of healthcare decision making and innovation. Organisations and services may take part in a project as part of the National CLEAR Programme if they need support in redesigning services to better patient care. Part of this work involves clinicians from healthcare trusts and organisations (e.g. GP surgeries or Primary Care Networks) analysing patient activity data, as well as views from healthcare staff, to gain an understanding of how services can be improved. Find out more about how a CLEAR project works.

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:

  • Contact data (name, title, addresses, telephone numbers, and personal/work email addresses).
  • Gender data.
  • Location data (place of employment or workplace).
  • Employment data (including job titles, work history, working hours/shift patterns).
  • 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).

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 email or call the CLEAR team or 33n.
  • When you give 33n a business card.

There are strict data agreements in place and both 33n and healthcare providers work closely together to ensure the processing complies with national data protection laws.

We will only use your personal information when the law allows us to. The lawful basis for using your information on a CLEAR project is legitimate interest.

We may also, where circumstances are suitable, request your consent for 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.

CLEAR projects

CLEAR projects use the personal data you provided during the clinical engagement process to help identify key clinical challenges in a service area or system of care. This information, or ‘qualitative data’, collected from you as part of the CLEAR project, complements ‘quantitative’ patient and workforce activity data collected as part of the project and helps to ensure recommended models of care reflect local activity and demand, and are grounded in an operational reality. The information you provide for this purpose will be identifiable to 33n’s clinicians and other clinical members of the project team participating in the CLEAR project but will not be accessible to, or shared with, any other party unless it has been anonymised first or you have provided explicit consent to share identifiable information.

Improving tools and services for CLEAR projects

Because the information you provide is used together with the quantitative patient and workforce activity data, the information you provide during a CLEAR project will also help improve and introduce new the tools and services relating to 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.

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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