OneWelbeck Group (OWG) is committed to protecting the privacy and security of your personal information. All companies in the OWG adhere to the provisions of this Privacy Notice. You can see a list of all companies in the OWG that process personal data by clicking here. The OWG company with whom you have a contract will be the specific data controller of your personal data (the Specified Data Controller). A data controller is responsible for deciding how the personal information about you is held and used. Unless otherwise stated, where this document refers to we/us, this means the Specified Data Controller.
This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with all current UK data protection laws. It applies to all Medical Staff of the Specified Data Controller.
We are required under data protection legislation to notify you of the information contained in this privacy notice.
This notice applies to current and former Medical Staff of the Specified Data Controller. This notice does not form part of any contract. We may update this notice at any time.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
Data protection principles
We will comply with data protection law. This says that the personal information we hold about you must be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
If you have questions
We have appointed a Data Protection Officer to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact the DPO by email at DPO@OneWelbeck.com. We would welcome any opportunity to resolve any issues directly and you also have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. The ICO website is at https://ico.org.uk.
Changes to this privacy notice
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.
What kind of information will we hold about you?
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
There are “special categories” of more sensitive personal data which require a higher level of protection.
We will collect, store, and use the following categories of personal information about you:
- Personal contact details such as name, title, dob, addresses, telephone numbers, and personal email addresses
- Credentialing information required to grant practising privileges (DBS details, latest appraisal, qualification certificates, location of previous employment, GMC, provider numbers etc…)
- Next of kin and emergency contact information
- Bank account details
- Payment history
- CCTV footage and other information obtained through electronic means such as swipecard records
- Historic activity, outcomes and patient satisfaction
- Marketing photographs & videos
- Information about use of information and communications systems
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions.
- Trade union membership.
- Information about your health, including any medical condition, health and sickness records
- Genetic information and biometric data.
- Information about vaccination, occupational health clearance and evidence of hepatitis B, C and HIV status
- Information about criminal convictions and offences.
- Information about health
How is your personal information collected?
We collect personal information about Clinicians through the credentialing process, either directly from Clinicians, from referees (via reference checks), Occupational Health providers and sometimes from background check providers. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.
We will collect additional personal information in the course of your working relationship with us.
How do we keep your information safe?
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures are available upon request from the DPO.
We 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.
How long do we keep your information?
We 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, accounting, or reporting requirements. We have in place a Records Management and Retention Policy that governs this. 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.
In some circumstances 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. Once you are no longer a Clinician with us, we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Why do we use personal information about you?
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
- Where we need to perform the contract we have entered into with you.
- Where we need to comply with a legal obligation.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else’s interests).
- Where it is needed in the public interest.
Why do we use particularly sensitive personal information?
“Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
- In limited circumstances, with your explicit written consent.
- Where we need to carry out our legal obligations and in line with this Policy and the OWG Information Governance Policy and related policies.
- Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to our occupational pension scheme, and in line with this Policy and the OWG Information Governance Policy and related policies.
- Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.
How will we use your personal information?
We need all the categories of information in the list above (see What kind of information will we hold about you?) primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.
- To enable us to contact you, confirm identity, etc. provide services
- To fulfil our obligations as a healthcare provider (confirm identity, skills, etc.)
- To make contact in an emergency situation
- To enable us to make payments
- To enable us to keep accurate financial records, answer queries
- To enable building security
- To fulfil our obligations as an healthcare provider (submit to regulators, etc.) and improve our services
- To develop patient information and marketing materials
- To enable us to improve our systems
- To enable us to execute our Quality Assurance process
- To ensure we protect our patients, to fulfil legal and regulatory obligations
- To enable us to improve our systems
- To protect patients interests and ensure services are safe
- To ensure we comply with our policies in terms of diversity
- Business management and planning, including accounting and auditing.
- Gathering evidence for possible grievance or disciplinary hearings.
- Dealing with legal disputes involving you
- Complying with health and safety obligations.
- To prevent fraud.
- To monitor your use of our information and communication systems to ensure compliance with our IT policies.
- To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution.
- To conduct data analytics studies to review and better understand employee retention and attrition rates.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
We will use your particularly sensitive personal information in the following ways:
- We will use information about your physical or mental health, or disability status, to ensure your health and safety and to assess your fitness to practice
- We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting.
How will we use information about criminal convictions?
We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with this Policy and the OWG Information Governance Policy and related policies.
Given the nature of our business, we will collect information about previous criminal convictions during the credentialing process and throughout your working relationship with us. We will use this information to make decisions about your appointment and continued practising privileges.
Less commonly, we may use information relating to criminal convictions where it is necessary in relation to legal claims, where it is necessary to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.
How will we use automated decision making?
Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention.
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.
Do we need your consent?
We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment or other law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.
What if you choose not to provide personal information?
If you fail to provide certain information when requested, or object to particular form of processing, we may not be able to perform the contract we have entered into with you (such as paying you), or we may be prevented from complying with our legal obligations (such as to ensure the safety of our patients).
Change of purpose
We will only use your personal information for the purposes for which we collected it, 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.
We may have to share your data with third parties, including third-party service providers and other entities in the OWG. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure. We require third parties to respect the security of your data and to treat it in accordance with the law.
All our third-party service providers and other entities in the OWG are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
In the ordinary course of our relationship with you, we do not expect to transfer any of your personal data outside the EEA. In the event that we need to do so, we will only do so lawfully and you can expect a similar degree of protection to your personal information as you would expect in the UK. We can provide more information about this if you would like us to in the event that any transfer of data is contemplated.
Why we share your personal information with third parties
We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.
Third parties with whom we may share your data include any of the following:
(i) our third-party service providers (data “processors” who support our services and only process your personal information on our instructions and subject to specific contractual obligations) – for example:
- Natwest Bank – payment details
- Rotageek – rostering
- Radar Healthcare – quality and compliance
- Future Health Works
- Streets Heaver – patient administration system
- Salesforce – CRM system
(ii) other third party data “controllers” (who will have their own privacy notices that will apply to their use of your data). We only share your data with these third parties where sharing your data with them is (a) with your consent or (b) in the interests of our working relationship, or (c) where another lawful justification applies – e.g. we are required to share your data to comply with a legal obligation – for example
• Referees – references
• Pharmacierge – For approval of prescriptions for delivery of pharmaceuticals to patients
(iii) another entity in the OneWelbeck Group (which may act as a data processor or data controller or a joint data controller). Your personal information might be shared for our general business administration, efficiency and accuracy purposes or in order to enable our working relationship with you. This Privacy Notice governs all use of data by other companies in the OWG.
Where appropriate to support your requested working arrangements your personal information may be shared with other OWG companies (for example to process an application for credentials at another centre which is a member of the OneWelbeck Group).
All third parties are under an obligation to treat your information confidentially, to have in place appropriate security measures and to treat your data in accordance with the law.
Other third parties
We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.
Your rights of access, correction, erasure and restriction
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 that 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, for example if 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, request the restriction of processing or request that we transfer a copy of your personal information to another party, please contact the DPO by email at DPO@OneWelbeck.com.
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.
Your right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the DPO. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
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.