Safeguarding

Purpose  

Some members of society are recognised as needing protection, for example children and adults with care and support needs. Safeguarding is the action that is taken to promote the welfare and protect children and adults from harm. If a child or adult is suffering or likely to suffer significant harm, professionals have a statutory responsibility to protect them. This statutory responsibility is enshrined within the Care Act 2014, Children Acts 1989 & 2004 & Social Care Act 2014.   

Where there is a suspected or actual safeguarding concerns, we will aim to get agreement to share information but we will be mindful of situations where to do so would place a child or adult at increased risk of harm. We may share information without agreement if we have reason to believe that there is good reason to do so, and that the sharing of information will enhance safeguarding.  

Read more information on safeguarding.

Safeguarding is covered in the following legislation guidance: 

• The Mental Capacity Act 2005   
• Section 47 of The Children Act 1989  
• Section 18 Schedule 1 Part 2 of Data Protection Act 2018  
• Section 45 of the Care Act 2014 

For children where who are identified as a child in need, we are required to seek consent in regards to sharing information. The relevant guidance is covered in Section 17 Children Act 1989.  

Information we collect 

Please see our Direct Care privacy notice for details of the information we collect. We may use or share any of this information where it is reasonable and necessary to safeguard a child or adult. 

Our lawful basis 

In order to legally be able to process your personal data, we must have a lawful basis under the United Kingdom General Data Protection Regulation. Our lawful basis for the purpose of processing data in our stated purpose is: 

UK GDPR 

Article 6 (1)(e) processing is necessary for the performance of a task carried out in the public interest. 

Or  

Article 6 (1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject. 

And  

Article 9 (2)(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law insofar as it is authorised by domestic law or a collective agreement pursuant to domestic law providing for appropriate safeguards for the fundamental rights and the interests of the data subject. 

Or  

Article 9 (2)(c) processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; 

By processing your health data, we will also recognise your rights established under English case law, collectively known as the “Common Law Duty of Confidentiality”. This means that we only use your personal data in ways that would reasonably be expected, including where we share your information with your consent or where we can reasonably expect that you would consent in order to provide you with care, or for reasons of substantial public interest. 

Who we share your information with 

We may share information with other NHS organisations, the local authority, police, or London wide safeguarding teams where necessary. 

Our processors  

Processors are organisations who act on our behalf and under our authority. They carry out some of the technical processes, for example, providing a system that stores information. We do not allow our Processors to use your information for their own purposes or allow them to link this to other personal data they may. 

We have no additional processors from those detailed in our Direct Care privacy notice for this purpose. 

How long will we keep your data 

We will keep your personal data in line with the retention periods detailed in the NHS retention schedule.  

Your Rights 

Data protection laws give you a number of rights over your personal data. These rights are detailed below. 

The right to be informed 

The trust is required by law to provide you with information about how it collects and uses your personal data. The trust, by way of this privacy notice is providing you with this information. 

The right of access 

You have the right to access the information we hold about you. You can access some information, such as information from your hospital record, hospital appointments, test results and messages from MyHealth patient portal. You can find out more information on how to do this here. To access any other personal information we hold, please see our guidance on health records or contact the access team at rf-tr.AccessRequests@nhs.net.  

The right to rectification 

You have the right to have inaccurate information about you corrected or incomplete information completed. This is not that same as disagreeing with a clinical observation or opinion and asking for this to be changed. If you disagree with a clinical opinion you should discuss this with the team who’s care you are under. To update your basic contact details or address, please contact the patient advice and liaison (PALS) team. 

To request any other inaccurate information corrected please contact rf-tr.AccessRequests@nhs.net. 

The right to erasure 

The right to erasure is also known as ‘the right to be forgotten’. The right is not absolute and only applies in certain circumstances. 

This is limited to: 

• Where we still hold your personal data, but it is no longer necessary for the purpose for which we originally collected or processed it; or, 
• We have to erase it to comply with a legal obligation. 

To exercise this right, please contact rf-tr.AccessRequests@nhs.net. 

The right to restrict processing 

You have the right to restrict the processing of your personal data in certain circumstances. This means that you can limit the way we use your data. This is an alternative to requesting the erasure of your data. The right is not absolute and only applies in certain circumstances. 

This is limited to  

• Where you contest the accuracy of your personal data and we are verifying the accuracy; or, 
• We no longer need the personal data, but you need us to keep it in order to establish, exercise or defend a legal claim. 

To exercise this right, please contact rf-tr.AccessRequests@nhs.net. 

The right to data portability 

The right to data portability does not apply to the processing of your personal data for this purpose. 

The right to object 

You have the right to object to the processing of your personal data at any time. This effectively allows you to stop or prevent us from processing your personal data. 

An objection may be in relation to all of the personal data we hold about you or only to specific information.  

The right to object only applies in certain circumstances. You must give specific reasons why you are objecting to the processing of your data. These reasons should be based upon your particular situation. 

In these circumstances, your right to object is not an absolute right, and we do not need to comply if we can demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms. To exercise this right, please contact rf-tr.AccessRequests@nhs.net 

Rights in relation to automated decision making and profiling 

The trust’s clinical staff use tools to help assist in you diagnoses and treatment; However, the results are always reviewed and interpreted by an appropriately trained clinician who will have the final say in your diagnoses and treatment. The trust does not make any solely automated decisions about you.