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 1. NHS Digital
 2. Coronavirus
 3. Treatments
 4. Coronavirus (COVID-19) treatments - transparency notice


CORONAVIRUS (COVID-19) TREATMENTS - TRANSPARENCY NOTICE

Read the transparency notice for coronavirus (COVID-19) treatments.


Page contents

--------------------------------------------------------------------------------

 * Top of page
 * Our purposes
 * The controller of your personal data
 * How we obtain your personal data
 * Types of personal data we process
 * Legal basis of this data collection
 * Who we share your personal data with
 * How long we keep your personal data for
 * Where we store the data
 * Your rights over your personal data


OUR PURPOSES

NHS England have asked NHS Digital to provide a COVID-19 Medications Service
(Medications Service), this has been set up to provide treatment for people who
have tested positive for coronavirus (COVID-19).

There are different potential treatments, including an antibody treatment, known
as Neutralizing Monoclonal Antibodies (nMAbs) which is given by an intravenous
injection or an anti viral treatment which is a tablet, these aim to relieve
symptoms of COVID-19 quicker and can stop people from getting seriously ill.

The Chief Medical Officer for England (CMO), along with senior clinicians at NHS
England, has set out the clinical conditions (clinical criteria) to identify
people who are more at risk at getting seriously ill with COVID-19 and who would
be suitable for treatment.

NHS Digital is providing information about potentially eligible people to
treatment providers so that people may be contacted and clinically assessed for
the service if they test positive for COVID-19:

 * people with a positive polymerase chain reaction (PCR) test or a positive
   rapid lateral flow test (LFT) within the previous 3 calendar days
 * people who are 12 years minus 2 days or older
 * people will have one or more qualifying conditions

Further information about the clinical criteria.   

To deliver this service, NHS Digital is providing NHS providers with contact
information of people who are potentially suitable for treatment. 

This information will be used in the following ways:

 * NHS England will write to all people who meet the clinical criteria to inform
   them that they may be suitable for Treatment and provide them with a
   pre-registered PCR test kit
 * Integrated Care System COVID-19 medication delivery units (ICS CMDUs),
   commissioned by your local Clinical Commissioning Group (CCG), will contact
   patients who meet the clinical criteria to arrange a clinical assessment if
   they test positive, this will determine if they are suitable for treatment
 * where a person has provided their (or their representatives) mobile or email
   contact information when booking their COVID-19 test and they test positive,
   they will be contacted by text/email to inform them they may be suitable for
   treatment
 * where is a person is in prison, youth offending institution or immigration
   centre, the centre will use the information to refer the person to the CMDU
   for assessment

This notice should be read alongside our Coronavirus (COVID-19) response
transparency notice.

--------------------------------------------------------------------------------


THE CONTROLLER OF YOUR PERSONAL DATA

Under the UK General Data Protection Regulation 2016 (GDPR), NHS Digital is the
controller of your personal data where we are directed or requested to process
personal data for COVID-19 purposes. 

We are also a joint controller with the person who has directed or requested us
to do this work. In this case this is NHS England who are directing NHS Digital
to carry out processing for COVID-19 purposes.

Where we share data, NHS Digital is the sole controller for the sharing of your
personal data.

--------------------------------------------------------------------------------


HOW WE OBTAIN YOUR PERSONAL DATA

Identifying patients for inclusion into the COVID-19 Medications Service is
being carried out by using data we already hold as the national safe haven for
health and care data in England.

We are also collecting information from ICS CMDUs about the outcomes from their
assessment; including whether the patient was contacted successfully and the
outcomes of the assessment, including:

 * whether the patient declined treatment
 * whether the patient was suitable for treatment
 * if suitable, which treatment was identified as being most appropriate 

We are also collecting information from NHS England, about the treatment which
was provided to patients, this is includes the patient’s NHS Number and the
medication code for the treatment delivered.

--------------------------------------------------------------------------------


TYPES OF PERSONAL DATA WE PROCESS

Data used to identify whether you would be suitable for the treatment, and
outcomes from the treatment, includes:

 * NHS number
 * name
 * sex
 * address
 * postcode
 * date and time of positive polymerase chain reaction (PCR) test or positive
   rapid lateral flow test (LFT)
 * registered GP practice
 * date of birth
 * contact information provided by the patient or their representative/guardian
   at the point of booking their PCR or registering their LFT test
 * health related data (in the form of condition codes held in central NHS
   records), where the data matches the clinical conditions and ruleset
   established by the CMO
 * treatment planned the CMDU at the point of triage and treatment delivered by
   the CMDU

--------------------------------------------------------------------------------


LEGAL BASIS OF THIS DATA COLLECTION

The health and social care system is taking action to manage and mitigate the
spread and impact of coronavirus (COVID-19).

Action to be taken requires the collection, analysis and sharing of information,
including confidential patient information where necessary and lawful, amongst
health organisations and other appropriate bodies. This is due to the urgent
need to protect public health and respond to the COVID-19 outbreak. 

To support the healthcare response to COVID-19, NHS Digital has been directed by
NHS England under the COVID-19 Directions to:

 * establish information systems to collect and analyse data in connection with
   COVID-19; and
 * develop and operate IT systems to deliver services in connection with
   COVID-19

Where we are directed to process personal data for COVID-19 purposes, this is a
legal obligation and we are allowed to do this under Article 6 (1)(c) of UK
GPDR. 

NHS England is directing NHS Digital to process personal data as part of their
statutory functions this is part of their public task and are allowed to do this
under Article 6(1)(e) of UK GDPR.

Where we need to process health data and other special categories of personal
data, we will only do this where it is necessary as part of our statutory
functions. Under UK GPDR we are allowed to do this where it is necessary for
substantial public interest reasons (Article 9(2)(g)), where it is necessary for
healthcare purposes (Article 9(2)(h)). 

We are also allowed to share your personal data under GDPR where it is necessary
for us to do so for one of the purposes explained above.

More information can be found in the Who we share your personal data with
section.

--------------------------------------------------------------------------------


WHO WE SHARE YOUR PERSONAL DATA WITH

We are sharing relevant information with organisations who have responsibilities
for delivering the Medications Service. 

To identify whether you would be suitable for the Medications Service, NHS
Digital will share your data with the ICS CMDU responsible for your care. (ICS
CMDU providers are either your CCG or a health service provider commissioned by
your CCG, such as the local Trust, GP or community services).

NHS Digital will share your contact information with:

 * NHS England: they will write to you, or you as a child’s parent or carer,  to
   inform you that you or your child may be suitable for treatment if you, or
   they, are diagnosed with COVID-19 and to provide advice and guidance
 * Department of Health and Social Care: are responsible for the delivery of the
   national COVID-19 Testing programme for England,  they will send you a PCR
   test kit to use if you have COVID-19 symptoms
 * NHS Business Service Authority: are responsible for messaging people in
   England regarding their PCR test, results on behalf of DHSC. At the point of
   COVID-19 diagnosis, they will text or email you (using the information you or
   your carer provided when you booked your PCR test), or registered your LFT
   result) to inform you that you may be suitable for treatment and to provide
   advice and guidance
 * NHS England Health and Justice system: where a person may be suitable for
   treatment and where they are diagnosed with COVID-19.  If they are currently
   located within a prison, youth offending centre or an immigration centre,
   their information will be shared with NHS England Health and Justice in order
   to ensure that a person can be referred for assessment should they test
   positive for COVID-19

NHS Digital will share your contact information and clinical condition group
with:

 * ICS CMDUs: if you test positive, they will contact you to arrange a call with
   a clinician to assess whether you would be suitable for the treatment. They
   will also arrange treatment where appropriate

NHS Digital will share your clinical condition group and ICS CMDU outcome
decision with

 * NHS England: to link with other data sets to understand whether treatment is
   effective, support purchase of medication and to monitor health inequalities.
   The data provided by NHS Digital is pseudonymised to ensure that individual
   patients are not identifiable.

Further information is provided in NHS England Privacy Notice. 

We will only share identifiable information about people for the Medications
Service where it is lawful for us to do so and under a terms of release letter
which:

 * details the terms of release and the agreed purposes for which the data can
   be used
 * identifies other organisations who may be permitted to use or receive the
   data and for what agreed purposes for delivery of the Medications Service
 * sets out the lawful basis for sharing and using the data
 * obtains commitments from the recipient to the secure handling and management
   of the data, including its destruction once the agreed purposes have been met

We will also provide aggregate reporting to NHS England and to support
management of the Ant-Viral programme, which we have fully anonymised so
individuals cannot be identified from that data.

We will also use and share information from the Medications Service for
planning, commissioning and research purposes, including clinical trials,
relating to coronavirus. This will include sharing information with NHS
organisations, government departments, other public authorities and research
organisations. Data will be at record level or aggregate and will not identify
individuals unless we have your consent.

We will also publish and share data which we have fully anonymised, so that no
individuals can be identified from that data.

--------------------------------------------------------------------------------


HOW LONG WE KEEP YOUR PERSONAL DATA FOR

We will retain your personal data for as long as is necessary for the purpose
outlined above in accordance with the Records Management Code of Practice 2021
and NHS Digital’s Records Management Policy.

Other organisations with whom we share your personal data have obligations to
keep it for no longer than is necessary for the purposes for which we have
shared your personal data. Information about this will be provided in their
transparency or privacy notices which are published on their websites.

--------------------------------------------------------------------------------


WHERE WE STORE THE DATA

NHS Digital only stores and processes your personal data for this service within
the United Kingdom.

Fully anonymous data, for example statistical data (which does not allow you to
be identified), may be stored and processed outside of the UK.

--------------------------------------------------------------------------------


YOUR RIGHTS OVER YOUR PERSONAL DATA

To read more about the health and care information NHS Digital collects, our
legal basis for collecting this information and what choices and rights you
have, see how we look after your health and care information, our general
transparency notice and our Coronavirus (COVID-19) response transparency notice.

You can read more about how NHS England processes your data for COVID-19
purposes here NHS England and NHS Improvement transparency notice. 

We may make changes to this transparency notice. If we do, the ‘last updated’
date at the top of the notice will also change. Any changes to this notice will
apply immediately from the date of any change.

Last edited: 19 May 2022 11:53 am


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