Data are collected, processed and published under a Direction from DHSC. These Directions are given in exercise of the powers conferred by the Health and Social Care Act 2012 and Regulation 32 of the National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 2013.
These Directions are given in exercise of the powers conferred by sections 254(1) (2)(b) (5) and (6), 255(6), 260(2)(d), 261(2)(e),274(1)(d)and (2) and 304(9), (10) and (12) of the Health and Social Care Act20121(the Act)and Regulation 32 of the National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 20132 (the Regulations) .In accordance with section 254(2)(b)of the Act, the Secretary of State considers that it is in the interests of the health service and the recipients and providers of adult social care in England for these Directions to be given. These Directions are known as the Workforce InformationDirections2019and come into effect on 1stNovember 2019. These Directions are given in exercise of the powers conferred by sections 254(1) (2)(b) (5) and (6), 255(6), 260(2)(d), 261(2)(e),274(1)(d)and (2) and 304(9), (10) and (12) of the Health and Social Care Act20121(the Act)and Regulation 32 of the National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 20132(the Regulations).In accordance with section 254(2)(b)of the Act, the Secretary of State considers that it is in the interests of the health service and the recipients and providers of adult social care in England for these Directions to be given. These Directions are known as the Workforce InformationDirections2019and come into effect on 1stNovember 2019.
This Act also provides discretionary powers to NHS Digital to disseminate (share) data. NHS Digital can use its discretionary powers of dissemination with an understanding that the recipients of any data need the appropriate legal basis to receive data – dependent on the type of data requested. All requests for dissemination of data are considered on a case-by-case basis depending on the application and data minimisation is upheld as standard. Applications are managed by the Data Access Request Service (DARS). Oversight of data release is provided by Independent Group Advising on the Release of data (IGARD).
As a member of practice/pcn staff you have the following rights under GDPR:
- Be Informed
- Get access
- Rectify or change
- Restrict or stop processing
In regards to the available right ‘Restrict or stop processing it; the GDPR allows for individuals to request that the processing of personal data about them is restricted where certain conditions apply.