Data Controller
NHS West Yorkshire Integrated Care Board
Purpose
The register collects information about individuals with learning disabilities and/or autism, who may have a mental health condition or behaviour that challenges, in community and inpatient settings, and provides it to the ICB. It gives the ICB broad oversight of their care with the primary intention of preventing hospital admissions and placement breakdowns as well as facilitating discharge from inpatient settings. It also helps inform local population need for commissioning.
Lawful basis
GDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the exercise of official authority vested in the controller.
GDPR Article 9(2)(h) processing is necessary for the purposes of the provision of health or social care or treatment or the management of health or social care systems and services.
In addition, the NHS England National Care and Treatment Review policy mandates that the ICB develop and maintain an ‘At Risk Register’.
Type of information used
Personal data: the following items of data may be processed:
- Name
- Date of birth
- Place of residency
- NHS number
- Key professional involvement, their names and contact details
Special category data: health data including diagnosis. The following may also be recorded:
- Current issues that relate to risk of admission and the risk of escalation
- What has been tried that could mitigate risk (including positive strategies to improve a person’s quality of life, increasing life opportunities and self-esteem)
- What could be useful to further reduce risks
- Action plan moving forwards including recommendations for current and potential future service involvement
Some limited identifiable information relating to the individual’s carer may also be recorded for the purposes of supporting, and assessing and mitigating risk relating to placement breakdown and admission.
Who we will share the information with (recipients)
We may be required to share this information with:
- NHS Learning Disability and Autism Services
- NHS Mental Health Services
- Local Authority Social Care Services
- Local Authority Social Care Providers
- Local Authority Education
- Barnardos
Do we use any processors
The Health Informatics Service (THIS), and West Yorkshire ICB Leeds IT and Leeds City Council IT Integrated Digital Service (IDS) our IT suppliers who store all our information securely on their servers.
Microsoft Azure, supported by IT staff, host our data.
How we collect (the source) and use the information
A referral form is completed and sent to the ICB from health and social care providers or from the individual themselves if they self-refer. The information will be used to identify individuals who with robust, timely, proactive monitoring intervention and support can be prevented from unnecessary or inappropriate admission to mental health or specialist hospitals.
How long we will keep the information
6 months after the individual has been removed from the dynamic support register.
Your rights
Under the UK General Data Protection Regulation all individuals have certain rights in relation to the information which the ICB holds about them. Not all rights apply equally to all our processing activities as certain rights are not available depending on the lawful basis for the processing.
If you require further detail each link below will take you to the Information Commissioner’s Office website where further detail is provided in the section ‘When does the right apply’.
These rights are:
- The right to be informed about the processing of your data
- The right of access to the data held about you
- The right to have that information amended in the event that it is not accurate
- The right to have the information deleted
- The right to restrict processing
- The right to have your data transferred to another organisation (data portability)
- The right to object to processing
- Rights in relation to automated decision making and profiling
Under the NHS Constitution you have the right to privacy and to expect the NHS to keep your information confidential and secure.
If you have an enquiry in relation to your data protection rights please contact wyicb.