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Privacy and cookies

NHS Resolution is the operational name of NHS Litigation Authority (NHS LA) – we were established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995. It is a not-for-profit part of the NHS, providing indemnity cover and sharing lessons from claims and other legal and professional services.

Primary Care Appeals (formerly Family Health Services Appeal Unit, FHSAU) and Practitioner Performance Advice (formerly National Clinical Assessment Service, NCAS) are operating divisions of NHS Resolution. The statutory functions of the NHS Resolution are set out in various pieces of legislation.

In carrying out these functions, we collect, use and share information about people. We do so in the following principal areas of our work:

  • managing claims against the NHS on behalf of the members of our risk-pooling schemes;
  • dealing with disputes arising from dentists, GPs, pharmacists and opticians about decisions made by commissioners of healthcare which affect their contracts with the NHS;
  • helping to resolve concerns about the professional practice of doctors, dentists and pharmacists in the UK; and
  • sharing lessons from claims with NHS care providers to help improve safety.

We may share personal information across NHS Resolution where this is necessary for the performance of the statutory functions or where it is in the overriding public interest.

In processing personal information, we will:

  • collect only the appropriate amount of personal information required for us to fulfil the statutory functions effectively;
  • consider the privacy risks when we are planning to use or hold personal information in new ways, such as when introducing new systems;
  • not keep personal information for longer than is necessary;
  • protect personal information and restrict access to it within the NHS Resolution on a ‘need to know’ basis;
  • provide training to staff who handle personal information, and respond appropriately if personal information is not used or protected properly; and
  • share personal information with third parties only where this is appropriate and it is lawful to do so.

We contract with third parties to provide services and/or to carry out certain activities for us. Where we provide them with personal information to enable them to carry out work for us, we ensure that they are supplied with only the appropriate amount of personal information, that it is used only in accordance with our instructions, and that there are suitable security arrangements in place.

The purpose of this privacy notice is to explain how we collect, use and, where applicable, share your personal information depending on your relationship to NHS Resolution.

Find out how the different areas of our organisation processes uses data here.

Visitors to our website

Technical information

Like most websites, our server gathers limited information about you during a session, including the IP address and domain name from which you are accessing the server. We use this information to help us improve the content, design and performance of the site. We do not give the log files or the information they contain to any third parties.

Our website software can recognise the configuration of the computer you are using and the browser software you are using. This will help us to provide you with an optimised experience.

If you provide feedback via an online feedback form we will collect your name, email address and, if appropriate, other relevant information.

Use of cookies

Cookies are small files stored in your computer’s hard drive by your web browser. Every visitor to the website receives a cookie. When you log in to the site, our computer server will access these cookies so that it can recognise your computer and make using the site easier for you. They enable us to measure and analyse general visitor information.

We use the following cookies:

Most web browsers automatically accept cookies but you can alter your settings so that you are prompted every time a cookie is sent to you. You can also choose not to receive cookies at all. However, please note that if you have ‘disabled’ cookies in your browser this way you may not be able to use certain features on this website.

Disabling cookies on desktop

Disabling cookies on mobile

Preventing cookies is likely to affect the functionality or performance of our website and could stop you from using certain services provided through it. If you choose to disable cookies, we cannot guarantee how the operation of our website will perform during your visit. It will also affect our ability to improve our website, making changes to user preferences.

For independent information about cookies you can go to http://www.allaboutcookies.org

Data sharing with the Getting It Right First Time Programme (GIRFT) at NHS Improvement

NHS Resolution has been asked to share data from claims reported to us with the Getting it Right First Time Programme which is hosted by NHS Improvement. The Getting It Right First Time (GIRFT) programme is helping to improve the quality of care within the NHS by reducing unwarranted variations.

The information that will be shared is as follows:

Patient age at incident
NHS Resolution Claim Reference and Claim ID
Sex
Description of medical negligence claim including dates of incident, date of case creation (notification), case status and outcome, damages paid, case costs, causes and injury sustained.
The Secretary of State for Health through the Confidential Advisory Group (CAG) has approved the application by NHS Improvement on behalf of GIRFT to access this information and NHS Resolution has carried out its own analysis to determine whether it is lawful to share the information.

If you do not wish to have your claims information included in the programme or have any concerns about the data sharing proposal please contact the Data Protection Officer at NHS Resolution at Information.Governance@resolution.nhs.uk or by phone on 0207 811 2806.  You may also contact NHS Improvement at nhsi.data@nhs.net.

Processing data outside of the European Economic Area

In some cases we process your personal data outside the European Economic Area (EEA) where countries may not have laws which protect your personal data to the same extent as in EEA.
We are obliged to ensure that your personal data is processed securely and is protected against unauthorised access, loss or destruction, unlawful processing and any processing which is inconsistent with the purposes set out in this privacy notice.
If we transfer your personal data outside the EEA we review and risk assess the data transfer and third party organisation that will be processing your personal data to ensure adequate measures are in place to keep your personal data secure, this includes having appropriate contractual clauses and ensuring that we only work with organisations that are registered on the Privacy Shield.
https://www.privacyshield.gov/welcome
We will update this privacy notice from time to time to reflect any changes to our ways of working. Please contact our Data Protection Officer if you would like more information about the safeguards we have in place.

Your rights

By law you have a number of rights when it comes to your personal data, however, some rights are only triggered where we are relying on a particular lawful basis when processing your data.

This is shown in the table below. Please be aware that, as stated above, we only rely on the public task condition when processing personal data.

The table below outlines what right you have, what these rights mean and whether the right applies to this processing. More information about your rights is available on the Information Commissioner’s website.

How we protect your data

We have implemented and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorised disclosure or access to such information as appropriate to the nature of the information concerned.
We have in place a framework of policies and procedures that includes all legal, physical and technical controls involved in our information risk management processes – to demonstrate this we are ISO 27001 certified. In addition, we do have a Cyber Essentials Plus certificate, verifying that our IT is suitably secure.
Furthermore, we are required to annually complete and publish the Data Security and Protection Toolkit (previously known as the Information Governance (IG) Toolkit).
The Data Security and Protection Toolkit is an online self-assessment tool that allows organisations to measure their performance against the National Data Guardian’s 10 data security standards.
All organisations that have access to NHS patient data and systems must use the Data Security and Protection Toolkit to provide assurance that they are practising good data security and that personal information is handled correctly.

What data breach procedures we have in place?

We follow the Department of Health and Social Care guidance for reporting, managing and investigating IG and Cyber incidents, and we report incident and near misses on the Data Security and Protection Toolkit.
It is important that the relevant authorities and individuals are made aware at the earliest opportunity should a serious incident occur – the NHS has an established culture of informing the Information Commissioner’s Office of all data breaches that meet specific requirements.

The right to lodge a complaint with your local supervisory authority

You have the right to lodge a complaint about the way we handle or process your personal data with a supervisory authority.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
The supervisory authority for the UK is the Information Commissioner.
https://ico.org.uk/

Our data protection officer contact details

For any questions or queries about how we are handling your data, the Data Protection Officer for NHS Resolution is Tinku Mitra, contact details which are shown below:
Email: Information.Governance@resolution.nhs.uk
Telephone: 0207 811 2806

Changes to our privacy notice

Any changes we may make to our privacy notice in the future will be posted on our website. Please check back frequently to see any updates.

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