Fair Processing Notices

Why do we collect information about you?

We may use your information for a number of different purposes. For each purpose we must have a “legal ground” to use your personal information in such a way.

When the information that we process is classed as sensitive personal information/ special categories of personal data, we must have a specific, additional “legal ground” to process such information.

Generally, we will rely on the following “legal grounds”, as appropriate:

• We have a legal or regulatory obligation to use such personal information. For example, where our regulators require us to hold certain records of our dealings with you.
• We need to use your personal data in order to protect your vital interests or a third party. For example, in order to ensure your safety or the safety of others.
  We need to use your personal information for the performance of a task carried out in the public interest or in the exercise or our official authority. For example, in order to provide healthcare services.
• We need to use your personal information for purposes of medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems. For example, in order to provide healthcare services and treatment to you.
• We need to use such personal information to establish, exercise or defend our legal rights. This might happen when we are faced with legal proceedings or want to bring legal proceedings ourselves.
• In very limited circumstances we will rely on your Consent to use your personal data (e.g. in relation to how you would like to receive communications from the Trust). Without it, we may be unable to provide you with appropriate healthcare. We will always explain why your consent is necessary.

You will find further details of our “legal grounds” for each of our processing purposes set out below.

Providing healthcare and related services

Legal grounds:

• The use is necessary for compliance with a legal obligation to which the Trust is subject.
• We need to use the information to protect your vital interests or the vital interests of a third party.
• The use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller e.g. In order to provide you or another with healthcare services.
• You have given us your consent.

Additional legal grounds for sensitive personal information/special categories of personal data:

• We need to use the information to protect your vital interests, or the vital interests of a third party and you or the third party are physically or legally incapable of giving consent.
• We need to use the information for reasons of substantial public interest.
• The use is necessary for the purposes of preventive or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.
• Processing is necessary for reasons of public interest in the area of public health, such as ensuring high standards of quality and safety of health care.
• You have given explicit consent.

Great North Care Record

The Trust participates in the Great North Care Record which allows different organisations across eth Region to share information in order to provide direct care and treatment to patients.

As a partner in the Great North Care Record (GNCR), we need to request and share your information from and with other relevant parties who are part of your care and ongoing support network.

Full details of the member organisations of the GNCR, what data may be viewed across the GNCR network, and what are the benefits to being part of the GNCR are available from the GNCR website – https://www.greatnorthcarerecord.org.uk/

If you have any objection to being part of the GNCR you can contact the GNCR helpline on 0344 811 9587 and speak to a member of our team. In order to log and process your objection we are required to collect some basic demographic information about you. We will always seek to comply with your request, but in some circumstances, we may have to use your information to comply with our other legal duties.

111 Select Option 2 (Mental Health)

From 2 April 2024, people in the Northeast and North Cumbria will be able to contact local urgent mental health services by calling NHS 111 and selecting mental health option 2.

If you are calling from one of the following areas this service will be provided by CNTW:

• Gateshead,
• Newcastle,
• North Cumbria,
• North Tyneside,
• Northumberland,
• Sunderland,
• South Tyneside

111 select option 2 provides easily accessible and timely support to those that are experiencing mental health crisis including children and young people, 24 hours a day, 7 days a week via a national single point of access.

Any member of the public may dial 111 and select the mental health option. You may call for yourself or call on behalf of someone else such as a friend or a relative or a member of the public (with their consent).

Your call will be answered by a mental health professional and screened. The mental health professional will ask you for some personal details including your phone number, name, address, GP, and via a series of questions establish the appropriate help and support needed. These details will be used to create a new Trust Health Record for you, or to locate and update your existing Trust Health Record.

Calls will remain confidential within the services provided by CNTW and or other service commissioned on their behalf.

Calls are audio recorded for training and monitoring purposes. In line with national standards the telephone recording will be kept for 6 years. The mental health professional will also add details of the call to your Trust Electronic Health Record.

In circumstances where a caller is expressing an immediate intent to commit a serious criminal act, endanger themselves or others, or when a child or adult is at risk, third parties such as the emergency services and local authorities will be informed as appropriate.

Legal grounds:

• Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller e.g. in order to provide you or another with healthcare services.
• Processing is necessary to protect the vital interests of the data subject or another natural person.

Additional legal grounds for sensitive personal information / special categories of personal data:

• Processing is necessary to protect the vital interests of the data subject or another natural person where the data subject is physically or legally incapable of giving consent.
• Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.

Administration and management of healthcare services (such as maintaining records, managing IT systems, receiving professional advice)

Legal grounds:

• the use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller e.g. in order to provide you or another with healthcare services
• you have given us your consent.

Additional legal grounds for sensitive personal information/special categories of personal data:

• The use is necessary for the purposes of preventive or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.
• You have given explicit consent.
• The use is necessary in order for us to establish, exercise or defend our legal rights.

Service improvement, evaluation and audit (in order to improve the healthcare services that the Trust and others provide, and to protect and improve the health of the public)

Legal grounds:

• The use is necessary for compliance with a legal obligation.
• The use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller e.g. in order to provide you or another with healthcare services
• You have given us your consent.

Additional legal grounds for sensitive personal information / special categories of personal data:

• We need to use the information for reasons of substantial public interest.
• The use is necessary for the purposes of preventive or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.
• The use is necessary for reasons of public interest in the area of public health, such as ensuring high standards of quality and safety of health care.
• You have given explicit consent.

Communicating with you and resolving any queries or complaints that you might have. Communicating with any other individual that you ask us to update about your care.

Legal grounds:

• The use is necessary for compliance with a legal obligation.
• The use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller e.g. in order to provide you or another with healthcare services.
• You have given us your consent.

Additional legal grounds for sensitive personal information / special categories of personal data:

• The use is necessary for the purposes of preventive or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.
• The use is necessary in order for us to establish, exercise or defend our legal rights.
• You have given explicit consent.

Complying with our legal and regulatory requirements

Legal grounds:

• The use is necessary for compliance with a legal obligation.
• The use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller e.g. In order to provide you or another with healthcare services.
• You have given us your consent.

Additional legal grounds for sensitive personal information/special categories of personal data:

• The use is necessary in order for us to establish, exercise or defend our legal rights.
• We need to use the information for reasons of substantial public interest.
• You have given explicit consent.

Clinical Research and Development

The Trust actively promotes research with a view to improving quality of services for the future and this means giving you the opportunity to participate in important research studies. If you would like to get involved in our research, please discuss this with the team who are providing your treatment. If we use your patient information for research, we remove your name and all other personal data which would identify you. If we need the information in a form that would personally identify you, we would ask for your permission first. Additionally, a member of Trust staff may also approach or contact you about research that you may be interested in and for which we think you may be suitable after checking your records. If you would prefer, we did not check your records to determine your eligibility for research then please let us know, this will not affect your care or treatment in any way. You are under no obligation to participate, and no identifiable information is ever shared by CNTW for the purpose of clinical research and development without your consent.

Legal grounds:

• The use is necessary for compliance with a legal obligation.
• The use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller e.g. In order to provide you with healthcare services.
• You have given us your consent.

Additional legal grounds for sensitive personal information:

• The use is necessary for the purposes of preventive or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.
• We need to use the information for reasons of substantial public interest.
• The use is necessary for the purposes of preventive or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.
• The use is necessary for reasons of public interest in the area of public health, such as ensuring high standards of quality and safety of health care.
• The use is necessary for public interest or scientific research purposes so long as it is subject to appropriate safeguards.
• You have given explicit consent.

Safeguarding purposes (for example, in order to ensure the health and safety of an individual)

Legal grounds:

• The use is necessary for compliance with a legal obligation to which the Trust is subject.
• We need to use the information to protect your vital interests or the vital interests of a third party.
• The use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller e.g. In order to provide you with healthcare services.

Additional legal grounds for sensitive personal information:

• We need to use the information to protect your vital interests, or the vital interests of a third party and you or the third party are physically or legally incapable of giving consent
• The use is necessary for the purposes of preventive or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services.
• We need to use the information for reasons of substantial public interest.

Preventing and investigating fraud or the prevention and detection of crime. This might include sharing your personal information with third parties such as the police or fraud prevention agencies, for example, NHS Counter Fraud Authority or Audit One

Legal grounds:

• The use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Trust.
• Necessary for the purposes of legitimate interests.
• You have given us your consent.

Additional legal grounds for sensitive personal information:

• We need to use the information for reasons of substantial public interest.
• You have given explicit consent.

International data transfers

The Trust (and third parties acting on its behalf) does not currently store or process information that we collect about you in countries outside the United Kingdom (UK). However, if this changes the Trust will take the required steps to ensure that your personal information is protected.