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General Practice Pay Transparency: GDPR information

Summary

Why and how we process your data in General Practice Pay Transparency, and your rights.

Controller NHS Digital (in relation to processing the personal data) and NHS England (in relation to determining the purpose for processing the data through the issuing of a direction to NHS Digital).
How we use the information (processing activities)

The Government has amended the NHS (General Medical Services Contracts) Regulations 2015  (the “GMS Regulations”) and the NHS (Personal Medical Services Agreements) Regulations 2015  (the “PMS Regulations”) from 1 October 2021 to require a contract with an individual medical practitioner or a partnership to contain a term requiring the contractor to make a self-declaration to NHS Digital if their NHS earnings exceed the threshold for the relevant year (as well as a term requiring this self-declaration requirement to flow down into any clinical subcontracts). These changes will also be reflected in an amendment to the APMS Directions 2020.

The intention to increase pay transparency in general practice as a corollary of major investment into the GP Contract, and to safeguard public trust in the GP partnership model was published in Investment and Evolution – a five-year framework for GP contract reform to implement The NHS Long Term Plan. Further details were subsequently published in Update to the GP contract 2020/21-2023/24.

This requirement will begin for 2019-20 NHS earnings and individuals who have NHS earnings of over £150,000 in 2019-20 will be required to self-declare.  Individuals who are in scope are required to confirm their name and job title and to declare the following information:

  • their NHS earnings for the relevant year 
  • the organisation(s) from which the NHS earnings were drawn

The information self-declared will be published in a national publication by NHS Digital on an annual basis.

Does this contain sensitive (special category) data such as health information? No
Who are recipients of this data?

NHS Digital will receive the personal data.

NHS Digital will publish the information self-declared in a national publication on an annual basis.

NHSE/I will not receive any identifiable data.

Is data transferred outside the UK? This data is not transferred out of the UK
How long the data is kept Data that is stored in the NHS Digital Data Management Environment (DME) will be retained in line with NHS Digital’s Records Management Policy. For this data collection the information submitted to NHS Digital by individuals through the self-declaration process will be kept for a period of 8 years. The information collected will be published by NHS Digital in a national publication on an annual basis and will then be in the public domain and may be included in NHS Digital reports for a period exceeding 8 years.
Our lawful basis for holding this data Legal obligation
Your rights
  • Tick Be informed
  • Tick Get access to it
  • Tick Rectify or change it
  • Cross Erase or remove it
  • Cross Restrict or stop processing it
  • Tick Move, copy or transfer it
  • Cross Object to it being processed or used
  • Cross Know if a decision was made by a computer rather than a person
How can you withdraw your consent?

Consent is not the basis for processing

Is the data subject to decisions made solely by computers? (automated decision making) No
Where does this data come from? Individuals who are obliged to make a declaration
The legal basis for collecting this data

Article 6(1)(c) Legal Obligation (Establishment of information systems for NHS services: general practice contract data collections - NHS Digital
Article 9(2)(h) Management of health or social care systems and services, supplemented by DPA 2018 Schedule 1, Part 1, Health or social care purpose.
Article 9(2)(i) – public interest in the area of public health, supplemented by DPA 2018, Schedule 1 Part 1, paragraph 3 - public health; and/or 
GDPR Article 9(2)(j) - scientific research purposes, supplemented by DPA 2018, Schedule 1, Part 1, paragraph 4 - research.