Eljamel Independent Clinical Review: privacy notices

Registration privacy notice

The registration form allows someone to formally register their interest to participate in the ICR. This privacy notice is used to process the registration and to contact the person registering about the ICR. A copy of this privacy notice is included in the registration form.

This privacy notice provides information about how we use your personal data, and any personal data you may provide on behalf of a patient in the registration form, and the rights you and patients have under UK data protection legislation.

Who we are

The Independent Clinical Review of Former Patients of Sam Eljamel has been established to address ongoing concerns raised by former patients of Mr Eljamel about the treatment they received whilst under the care of NHS Tayside and/or in private care.

Due to the way in which the Independent Clinical Review has been commissioned by Scottish Ministers, and due to the fact that the Independent Clinical Review has been provided with use of a private electronic system by the Scottish Government, the Chair of the Independent Clinical Review and the Scottish Government will be joint data controllers.

What we do with your data

We will use the personal data provided in the Registration Form to process your registration and to contact you about the review.  This will include providing you with a more detailed consent form so that we may proceed with a personalised review of the treatment received by the patient whilst under the care of NHS Tayside and/or in private care. 

Lawful basis

The lawful basis which we are relying on for processing personal data under the UK General Data Protection Regulation is consent (article 6(1)(a)).

Where we process special category data (such as personal data relating to health, race or ethnic origin) the condition we rely upon to do so under the UK General Data Protection Regulation is explicit consent (article 9(2)(a)).

You can withdraw your consent for us to process personal data at any time by contacting: enquiries@eljamelclinicalreview.scot.

Who we share data with

Subject to your consent, we share data from this Registration Form with the following organisations:

• Data will be shared with the administrative support team for the Independent Clinical Review, who are provided by an external contractor.
• Data will be held in a secure restricted area of the Scottish Government’s electronic system. The system provider and the IT department of the Scottish Government may have access to this private electronic system of the Scottish Government, but they will only access the system for technical and maintenance purposes.
• Information contained in this completed Registration Form will not be shared with the Eljamel Inquiry at this stage and will only be shared with the Eljamel Inquiry if you provide your consent.

How long we keep personal data

We will keep personal data for as long as it is necessary to complete the work of the Independent Clinical Review. We currently expect this to be two years from the start of the process. With consent, we will retain information for an additional 12 months following the end of the Independent Clinical Review process or following the end of the Eljamel Inquiry, whichever is the later. We will update this privacy notice if this changes.

What my rights are

• The right to be informed – about how we are using personal data. We will do this through this privacy notice which may be updated from time to time.
• The right of access – you can request a copy of personal data we hold about you. You can also request personal data on behalf of someone else if you have their permission to do so.
• The right of rectification – you have the right to have us rectify our records if we hold inaccurate or incomplete information about you.
• The rights of erasure, objection, and restriction – you have the right to request personal data be removed from our system, or limit how we use it.
• You have the right to access a portable copy of personal data.

These rights are not absolute, and may be subject to an exemption under data protection legislation.

You can read more about these rights on the Information Commissioner's Office website. 

To action your rights or to the ask questions about this privacy notice, please contact:   DataProtectionOfficer@gov.scot.

The contact details of the Independent Clinical Review Data Protection Officer are as

follows: enquiries@eljamelclinicalreview.scot.

Complaints

You have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk).

Before doing so please make sure you have first made your complaint to us or asked us for clarification if there is something you do not understand. The ICO will expect you to have done this before reviewing your complaint.

If you would like to make a complaint to us or ask us for clarification about how we handle your personal data or the personal data of individuals you are authorised to represent, email us at enquires@eljamelclinicalreview.scot.

We will acknowledge your complaint within 30 days of receipt and will respond to your complaint without undue delay thereafter.

If you would like to make a complaint to the ICO, contact them at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF  

Tel: 0303 123 1113

Website:  https:///www.ico.org.uk