Wigan Borough Clinical Commissioning Group is the statutory body responsible for commissioning local health services in Ashton, Leigh and Wigan.

Contact us on 01942 482711 or public@wiganboroughccg.nhs.uk

Article Index

Our data processing activities

The law on data protection under the GDPR sets out a number of different reasons for which personal data can be processed for.  The law states that we have to inform you what the legal basis is for processing personal data and also if we process special category of data such as health data what the condition is for processing. 

The types of processing we carry out in the CCG and the legal basis and conditions we use to do this are outlined below:

NHS Continuing Healthcare (CHC) applications

Type of data

Personal Data – Demographics
Special category of data – Health Data

Source of Data

Primary Care and Secondary Care

Legal basis for processing Personal Data and Special Category  of data under GDPR

Article 6 (1)(e) - Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority

Article 9(2)(h) - Processing is necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health and social care or treatment or the management of health and social care systems

Common Law Duty of Confidentiality basis

Implied Consent

If you make an application for NHS Continuing Healthcare (CHC) funding we will use the information you provide and where needed request further information from care providers to identify eligibility for funding.  If agreed, arrangements will be put in place to provide and pay for the agreed funding packages with appointed care providers.

This process is nationally defined; we follow a standard process and use standard information collection tools when assessing eligibility for CHC applications.

Individual Funding Requests

Type of data

Personal Data – demographics
Special category of data – Health data

Source of Data

Primary and Secondary Care

Legal basis for processing Personal Data and Special Category  of data under GDPR

Article 6 (1)(e) - Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority

Article 9(2)(h) - Processing is necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health and social care or treatment or the management of health and social care systems

Common Law Duty of Confidentiality basis

Implied Consent

You or your doctor on your behalf can make an Individual Funding Request (IFR) for a treatment not routinely commissioned.  We use the information you provide and if necessary request further information from care primary and secondary care providers to identify eligibility for funding. This process is carried out by a data processor who acts on our behalf. The Data Processor for this purpose is Greater Manchester Shared Services - Effective Use of Resources Team.  Please note this does not include IFR’s for mental health, these are processed by the CCG directly.

For further information about Individual Funding Requests processed by the GMSS EUR, please click on the following link.

https://www.wiganboroughccg.nhs.uk/your-ccg/our-strategies-policies-reports/effective-use-of-resources

Safeguarding

Type of data

Personal Data – Demographics
Special category of data – Health Data

Source of Data

Primary Care, Secondary Care and Community Care

Legal basis for processing Personal Data and Special Category  of data under GDPR

Article 6 (1)(e) - Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority

Article 9 (2)(b) - Processing is necessary for the purposes of carrying out the obligations and exercising the specific rights of the controller or the data subject in the field of …social protection law

Common Law Duty of Confidentiality basis

Overriding Public Interest / Statutory legalisation for adult and children safeguarding

Information is provided to care providers to ensure that adult and children's safeguarding matters are managed appropriately. Access to personal confidential data will be shared in some limited circumstances where it's legally required for the safety of the individuals concerned.

For the purposes of safeguarding children and vulnerable adults, personal and healthcare data is disclosed under the provisions of the Children Acts 1989 and 2006 and Care Act 2014.

Incident Management – Serious Incidents

Type of data

Personal Data – demographics
Special category of data – Health data

Source of Data

Primary Care, Secondary Care and Community Care

Legal basis for processing Personal Data and Special Category  of data under GDPR

Article 6 (1)(e) - Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority

Article 9(2)(h) - Processing is necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health and social care or treatment or the management of health and social care systems

Common Law Duty of Confidentiality basis

Statutory – Serious Incident Framework 2015

WBCCG is accountable for effective governance and learning following all Serious Incidents (SI’s). We work closely with all provider organisations as well as commissioning staff members to ensure all SI’s are reported and managed appropriately.

The Francis Report (February 2013) emphasised that commissioners should have a primary responsibility for ensuring quality, as well as providers.

Supporting Medicines Optimisation

Type of data

Personal Data – demographics
Special category of data – Health data

Source of Data

Primary Care

Legal basis for processing Personal Data and Special Category  of data under GDPR

Article 6 (1)(e) - Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority

Article 9 (2)(h) - Processing is necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health and social care or treatment or the management of health and social care systems

Common Law Duty of Confidentiality basis

Implied Consent

The Medicines Optimisation Team work with GP practices to provide advice on medicines / prescribing queries and review prescribing of medicines to ensure that it is safe. In some cases, to ensure clinical safety, this may require the use of personal confidential data.

In cases where personal confidential data is required, this is done with the practice agreement.  No data is removed from the practice’s clinical system and no changes are made to patient's records without permission from the GP.

Where specialist support is required, for example, to advise community pharmacists to order a drug that comes in solid form, in gas or liquid form; WBCCG medicines optimisation pharmacists will provide advice on behalf of a GP to support your care. Personal confidential data is used for this purpose.

Personal confidential data is also used by our medicines optimisation team to review and authorise (if appropriate) requests for high cost drugs which are not routinely funded. In cases where personal confidential data is used, this is done with permission from the GP

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