Clinic for Implant & Orthodontic Dentistry
Fair Processing Notice – Patients
When Clinic for Implant & Orthodontic Dentistry processes your personal data, we are required to comply with the Data Protection Act 2018 (DPA) up to and including 24th May 2018, and from 25th May 2018, the General Data Protection Regulation 2016 (GDPR) (the DPA and GDPR together are referred to as the data protection legislation).
Your personal data includes all the information we hold about you or is about you, for example, your name, your email address, postal address, date of birth, location data and in some cases opinions that we document about you, as well as special categories of data including but not limited to you medical and health records and care plans.
Everything we do with your personal data counts as processing it, including collecting, storing, amending, transferring and deleting it. We are therefore required to comply with the Data Protection Legislation to make sure your data is properly protected and used appropriately.
This fair processing notice provides information about the data that we process, why we process it and how we process it.
Our responsibilities
Clinic for Implant & Orthodontic Dentistry is the data controller of the personal data you provide. We have appointed Dr Amir Mostofi as our Data Protection Officer and they will have the day to day responsibility for ensuring that we comply with the Data Protection Legislation and for dealing with any requests we receive from individuals wanting to exercise their rights under the Data Protection Legislation.
Why do we process your personal data?
We process your personal data to be able to provide you with the services you have requested. We may also process your personal data to respond to any queries or comments you may have and to correspond with you on a day to day basis.
We may need data from you to provide services to you, to meet our legal obligations, to enter into a contract with you or/and to provide you with the information you need. If we do not receive this information from you, we may be unable to fulfil our obligations to you.
We process most of your information on the grounds of consent from you, legitimate interests, protection of the vital interests of the data subject or, in the case of special categories of data, processing in the provision of health or social care or treatment or in the management of health care services.
If we obtain consent from you for processing your data, you can withdraw your consent at any time. This will not affect the lawfulness of any processing we carried out prior to you withdrawing your consent.
Who will receive your personal data?
We only transfer your personal data to the extent in which we need to. Recipients of your personal data include:
· The Dental Practice in Shoreham-By-Sea (This is for a CBCT scan)
· Worthing Hospital (Specialist x-rays)
· The Endodontic Practice (Root Canal Treatment)
· Any specialist referrals that we have discussed with you
We don’t transfer your data outside of the EEA. We will always discuss a referral with you before carrying it out.
How long will we keep your personal data?
We will retain your personal data for the whole time that you are a current patient with us and then continually for 11 years after you leave our practice or until the patient is 25 years old whichever is longer. We retain your information for this length of time in case any issues arise or you have any queries. Your information will be kept securely at all times. Following this period of time your files any data we hold about you will be permanently deleted or destroyed. If we required to obtain your consent to process your personal data, any information that we use for this purpose will be kept until you withdraw your consent, unless we are entitled to retain your personal data on the basis of other grounds set out in the Data Protection Legislation.
What are your rights?
You benefit in a number of rights in respect of the personal data that we hold about you. We have summarised a few rights that may be applicable to you, depending on the grounds on which we process your data. More information is available from the Information Commissioner’s Office website (https://ico.org.uk/organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ ). These rights apply for the period in which we are process your data.
1. Access to your data
You have the right to ask us to confirm that we process your personal data as well as the right to request access to/copies of your personal data. You can also request us to provide a range of information for you, although most of that information corresponds to the information set out in this fair processing notice.
We will provide this information free of charge unless your request is manifestly unfounded, excessive or repetitive, in which case we are entitled to charge a reasonable fee. We may also charge you if you request more than one copy of the same information.
We will provide the information you request as soon as possible and in any event within one month of receiving your request If we need more information to comply with your request, we will let you know.
2. Rectification of your data
If you believe personal data that we hold about you is inaccurate or incomplete, you can ask us to rectify that information. We will comply with your request within one month of receiving it unless we don’t feel it is appropriate, in which case we will let you know why. We will also let you know if we need more information to comply with your request.
3. Right to be forgotten
In some circumstances, you have the right to ask us to delete the personal data that we hold about you. This right is available to you:
· Where we not longer need your personal data for the purpose for which we collected it
· Where we have collected your data on the grounds of your consent and you now withdraw your consent
· Where you object to processing and we don’t have any overriding legitimate interests to continue processing the data
· Where we have unlawfully processed your data (i.e. we have failed to comply with GDPR)
· Where the personal data has to be deleted to comply with a legal obligation
There are certain scenarios where we are entitled to refuse to comply wit a request. If any of those apply, we will let you know.
4. Right to restrict processing
In some circumstances, you are entitled to ask us to suppress the processing of your personal data. This means we will stop actively processing your data but we don’t have to delete it. This right is available to you:
· If you believe the personal data, we hold about you isn’t accurate – we will cease processing until we can verify it’s accuracy
· If you have objected to us processing the data – we will cease processing it until we have determined whether our legitimate interests override your objection
· If the processing is unlawful
· If we no longer need the data but you would like us to keep it because you need to establish, exercise or defend a legal claim
5. Data portability
You have the right to ask us to provide your personal data in a structured, commonly used and machine-readable format so that you are able to transmit the personal data to another data controller. This right only applies to personal data if you provide to us:
· Where processing is based on your consent or performance of a contract (i.e. the right does not apply if we process your data on the grounds of legitimate interests)
· Where we carry out the processing by automated means
We will respond to your request as soon as possible and in any event within one month from the date we receive it. If we need more time, we will let you know.
6. Right to object
You are entitled to object to us processing your data.
· If the processing is based on legitimate interests or performance of a task in the public interest or exercise of official authority for direct marketing purposes (including profiling); and/or for the purposes of scientific or historical research and statistics
In order to object, you must have grounds for doing so based on your particular situation. We will stop processing your data unless we can demonstrate that there are compelling legitimate grounds which can override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.
Automated decision making
Automated decision-making means making a decision solely on automated means with no human involvement. This would include, for example, an online credit reference check that makes a decision based on information you input without any human involvement. It would also include the use of an automated clocking-in system that automatically issues a warning if a person is late a certain number of times (without any input from HR).
We do not carry out any automated decision making using your personal data.
Your right to complain about our processing
If you think that we have unlawfully processed your data or that we have not complied with GDPR then you can report your concerns to the supervisory authority in your jurisdiction. The supervisory authority for the UK is the Information Commissioners Office (ICO). You can call them on 0303 123 1113 or get in touch via other means as set out in their website – https://ico.org.uk/concerns/ .
Any Questions?
If you have any questions or would like more information about the ways that we process your data, please contact Dr Amir Mostofi the principal dentist at the practice address and he will endeavour to respond as soon as he is able to.
