There are some limited exceptions where we may hold and use special category and personal information about you. For example the ICB is required by law to perform certain services that involve the processing of special category personal information.
The areas where we use special category and personal information include:
• the process where you or your GP can request treatments that are not routinely funded by the NHS, which are known as Individual Funding Requests. The lawful basis for this processing is based on the consent you will have provided to enable this request to be processed
• assessments for continuing healthcare and appeals. The lawful basis for this processing is based on the consent you will have provided to enable these assessments to take place
• responding to your queries, compliments or concerns. The lawful basis for this processing is to enable us to fulfil our legal obligations when you contact us in relation to the above. If your information needs to be shared further in relation to complaints or concerns then your consent will be sought for this additional processing.
• assessment and evaluation of safeguarding concerns. The lawful basis for this processing is to enable the ICB to fulfil a public task, in which case the processing has a clear basis in law.
• where there is a provision permitting the use of special category personal information under specific conditions, for example to:
– understand the local population needs and plan for future requirements, which is known as “risk stratification for commissioning”.
– ensure that the ICB is billed accurately for the treatment of its patients, which is known as “invoice validation”.
The lawful basis for processing data in relation to the above is on the basis of fulfilling a public task, in which case the processing has a clear basis in law.
Special category and personal information may also be used in the following cases:
• where the information is necessary for your direct healthcare, in which case the processing will be based on consent you have provided
• where we are responding to a Member of Parliament communication on our behalf where the processing will be based on consent you have provided
• where you have voluntarily given your informed agreement (consent) for us to use your information for a specific purpose
• where there is an overriding public interest in using the information
e. g., in order to safeguard an individual or to prevent a serious crime. The lawful basis for processing data in relation to the above is on the basis of fulfilling a public task, in which case the processing has a clear basis in law.
• Where there is a legal requirement that will allow us to use or provide information (e.g. a formal court order). The lawful basis for processing data in relation to the above is on the basis of fulfilling a public task, in this case the processing has a clear basis in law.