Data Controller

NHS West Yorkshire Integrated Care Board

Purpose

 ​​​​​​Assuring Transformation (AT) data collects information about people with learning disabilities and/or autism, who may have a mental health condition or behaviour that challenges, in in-patient settings, and provides it to us. This allows us to have a broad oversight of their care.

Lawful basis

The ICB’s lawful basis for processing personal data under GDPR is Article 6(1) e - Public Task.

For special category data the basis is Article 9(2) h - Management of Healthcare Systems.

It is a statutory duty for the ICB to participate in this data collection.

There are formal directions from the Secretary of State mandating the collection: (Health & Social Care Act 2012) – in the General Guidance. The Information Standard Notice for this data collection was published on 6th January 2015 (SCCI2007 Amd 7/2014).

Relevant legislation: A section 251 approval (CAG 8-02(a-c)/2014) from the Secretary of State, through the Health Research Authority Confidentiality Advisory Group, enables the flow of personal confidential information from organisations to commissioners, about the services that they provide for:

  • people in in-patient beds with learning disabilities and/or autism of,
  • any age
  • any level of security (general / low / medium / high)
  • any status under the Mental Health Act (informal or detained)

However, the information cannot be shared if:

  • the individual has objected to the use of their information as part of the AT data
  • the individual lacks capacity to make their own decision.

Type of information used

Personal data: name, address, date of birth
Special category data: physical and mental health information.

Who we will share the information with (recipients)

Information will be received from healthcare providers and shared with NHS Digital and NHS England.

Do we use any processors

The Health Informatics Service (THIS), our IT supplier who store all our information securely on their servers.

Microsoft Azure, supported by IT staff, host our data.

How we collect (the source) and use the information

The AT information is sent to the ICB from healthcare providers and collected by NHS Digital on NHS England’s behalf.

It covers all people with learning disabilities and/or autism that are being cared for in in-patient settings and includes: the number of people in in-patient settings; discharges and admissions; whether individuals have a care plan, a care co-ordinator, regular care reviews and access to independent advocacy; the age and gender of individuals; and the type of in-patient setting that is providing their care. The information collected is published in reports by NHS Digital. The reports don’t include any personal information, like names, birthdays or NHS numbers in them.

How long we will keep the information

Information relating to Assuring Transformation will be retained as per the standard care records retention set out in the Records Management Code of Practice 2021.

Your Rights

With regards to Assuring Transformation under the UK GDPR you have the following rights: