Data Protection, Confidentiality and Information Security Policy 

Policy Statement 

Palace Dental Care processes personal data that relate to employees and patients and is therefore required by law to comply with the data protection regime, which protects the privacy of individual personal data and ensures that they are processed fairly, lawfully and proportionately. 

The (UK) General Data Protection Regulations (UK GDPR), the Data Protection Act (2018) and the Data (Use and Access) Act 2025 are the data protection regime for the UK.  The DPA 2018 is the UK implementation of the GDPR.

The Practice is committed to ensuring that it complies with the GDPR and applies ethical principles to all aspects of its work to protect the interests of employees and patients and maintain the confidentiality and security of any personal data held in any form by the practice. To do this, Palace Dental Care will comply with the data protection principles. In summary, these state that personal data shall be:

• fairly and lawfully processed in a transparent manner

• processed for limited purposes (i.e. obtained only for specified and lawful purposes and further processed only in a compatible manner)

• adequate, relevant and not excessive (data minimisation)

• accurate and up to date

• not kept for longer than is necessary (storage limitation)

• processed with integrity and confidentiality (security) 

• accountability e.g. demonstrates compliance with above principles 

We also recognise the rights of individuals under UK GDPR:

• The right to be informed

• The right of access

• The right to rectification

• The right to erasure

• The right to restrict processing

• The right to data portability

• The right to object

• Rights in relation to automated decision-making including profiling

The Practice has developed a UK GDPR Privacy Notice for Patients, UK GDPR Privacy Notice for Children and a UK GDPR Privacy Notice for Staff. These notices are kept up to date, amendments are tracked. The notices are available from reception.

Lawful Basis 

Our lawful basis for processing personal data is that it is necessary for the provision of treatment by registered dental professionals.

Responsibilities 

This Data Protection, Confidentiality and Information Security Policy applies to all practice employees and any others who have legitimate rights to access and use the practice’s information systems. 

Compliance with the UK GDPR and this policy is the responsibility of all practice employees and everyone who has access to practice records. A breach of this policy, whether deliberate or through negligence, could lead to disciplinary action being taken and possible investigation by the General Dental Council. A breach of the UK GDPR could also lead to criminal prosecution. 

The following lists key responsibilities among the dental team;

Alison Alexander (Practice Owner and Data Protection Officer)

Data Protection, Confidentiality and Information Security policy; deals with subject access requests made under the UK GDPR and requests made under the Freedom of Information Act (Scotland) 2002; training of staff regarding data protection and confidentiality

Brian Bishop- Data controller 

All staff- Compliance with the UK GDPR and this Data Protection, Confidentiality and Information Security policy

*The Data Protection Officer is a requirement under the DPA 2018. Duties of the DPO cover all personal data processing activities. Specific responsibilities include:

• informing, advising and monitoring compliance of the staff with data protection obligations

• monitoring compliance of the practice’s data protection polices in line with the UK GDPR, including managing internal data protection activities, raising awareness of data protection issues, training staff and conducting internal audits

• advising on data protection impact assessments where these are required

• cooperating with the (UK) Information Commissioners Office (ICO)

• being the contact for the (UK) ICO and for individuals whose data is processed (employees, patients etc).

If you have any questions or comments about processing personal data or this policy, please contact Alison Alexander (Practice Owner).

Definition of Personal Data Covered Under the UK GDPR 

The UK GDPR applies to personal data, which is defined as information which relates to a living individual who can be identified from the information itself or by linking it with other information. This includes an individual’s name, address or email address, an online profile or an employee’s HR record, sickness absence or appraisal record. There is also ‘special category’ information which relates to sensitive personal data such as medical information, ethnic origin etc.  The UK GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. 

To provide effective care for patients and provide care within the NHS system, the Practice processes personal data of patients. Personal data means practically any information about, or correspondence relating to, a named individual. It includes both facts (e.g. treatment a patient has had) and opinions (e.g. any concerns the patient or dental team might have about the patient’s dental health), including:

• personal information and contact details, including the patient’s name, address and date of birth

• dental, social and medical histories (e.g. past or current medical conditions, current medication, the name of the patient’s GP, special needs)

• results of the examination of the patient’s mouth and oral health, including radiographs and clinical photographs

• information about appointments

• any treatments and the costs

• any proposed care, including advice given to the patient and referrals the patient might need

• any concerns that the patient or dental team might have

• details of the patient’s consent for specific procedures

• correspondence with other healthcare workers that relates to the patient’s care.

As an employer, the Practice also processes the personal data of employees, including:

• personal information and contact details, including name, address and date of birth

• health clearance and immunisation status

• employment and educational histories

• leave records

• performance and appraisal information

• information on training and professional development

Procedures for Ensuring Compliance with the UK GDPR and the Confidentiality and Security of Personal Data 

All Staff 

To maintain a good patient–dental team relationship, it is essential that patients feel they can provide personal information to dental team members with the knowledge that this information will be kept securely and not shared unlawfully. It is also important that patients are able to provide, in confidence, full details of their medical, social and dental histories to facilitate safe and effective care. To achieve this, all staff must follow the procedures listed below.

• Comply with the data protection principles and the General Dental Council principles set out in the ‘Standards for the Dental Team’

• Undergo training in processing personal data, confidentiality and information security

• Keep any personal data or confidential data that they hold, whether in electronic or paper format, securely, which includes:

• storing paper files with personal data in lockable filing cabinets that are locked when authorised staff are not present to monitor access

• storing electronic files containing personal data on password-protected computer systems

• ‘screen-locking’ unattended computers

• not sharing computer passwords with unauthorised people, not writing down passwords and not keeping passwords on or near their computer

• not forwarding emails containing personal data to internet email accounts as these are not secure

• holding personal data on laptops only where there is a clear business necessity and permission is sought from the Practice Manager (if there is a necessity, ensure it is fully encrypted)

• avoiding carrying personal data on removable media (e.g. memory sticks)

• not using unlicensed software on Practice computers

• ensuring windows and doors are secured if you are the last to leave the practice

• Practice good record-keeping, and ensure records are: 

• accurate

• dated

• contemporaneous

• comprehensive

• secure

• legible and written in language that can be read and understood by others, and is not derogatory

• Maintain the confidentiality of any personal data by, for example:

• ensuring that personal information is not disclosed either verbally  or in writing, accidentally or otherwise, to any unauthorised third party (e.g. avoid working on personal data such as application forms on public transport, do not discuss identifiable information about patients with anyone outside the practice, including friends, family and schools, or leave messages about a patient’s care with an unauthorised third party or on an answering machine) (NB: this also applies after termination of employment)

• respecting patient privacy for discussions of a sensitive nature (e.g. discussion of medical information, payment, or asking patients for proof of exemption status)

• using personal data only for the purposes for which they are authorised in the relevant Data Protection registration.

• Ensure patients know what information is to be shared, why it is being shared and the likely consequences of sharing (or not sharing) the information and give patients the opportunity to withhold permission to share their information.

• Share personal data only on a ‘need to know’ basis and following consent from the patient, for example:

• to another health professional for the provision of effective care and/or treatment

• to ensure the provision of care under the NHS (e.g. payment claims, information for health boards)

• Check that any personal information that you provide in connection with your employment is accurate and up to date, and inform the Practice Manager of any changes to this information

• Inform the Data Protection Officer, who is responsible for ensuring compliance with the UK GDPR and this policy, of any suspected or actual breach of the UK GDPR or this policy

Data Controllers 

Data controllers are those who hold personal records (e.g. dentists who are the ‘owner’ of their own patient list). All data controllers must follow the procedures detailed above for staff, and the procedures listed below.

• Register with the UK Information Commissioner’s Office

• Keep the details of the registration up to date 

• Renew this registration annually

General Practices 

• All staff contracts and agreements include a clause regarding confidentiality of personal data

• Keys for lockable storage cabinets are held only by dental team members who require regular access to the information they contain. Keys are stored in a safe place/secure key cabinet 

• Practice computers have a full audit trail facility to prevent deletion or overwriting of data

• Each computer is fitted with anti-virus software

• Daily back-ups of the Practice’s electronic records are made offsite on a cloud based system 

• Daily back-ups of the Practice’s electronic records are made and held off-site

• Back-ups are tested to ensure data can be retrieved in a useable format 

• Adult patient records are kept for at least 10 years; child patient records are kept for 10 years. The child record should evolve into the adult record. On death, adult records are kept for 3 years. Where the person dies before their 17th birthday, the record should be held until they would have turned 25.  

• Personal data are reviewed, updated and deleted in a confidential and secure manner when no longer required

• Windows are fitted with locks and the practice is fitted with an intruder alarm that is set each night to increase security

• A continuity plan that includes procedures for protecting and restoring personal data is in place in the event of a major incident

Sharing Personal Information 

To provide patients with appropriate care, we might need to share personal data with:

• another dentist or another health professional who is caring for the patient

• the patient’s GP

• a laboratory

• NHS payment authorities

• HM Revenue and Customs

• Department for Work and Pensions, if the patient is claiming exemption or remission from NHS charges

• a private dental scheme, if the patient is a member

Disclosure Without Consent 

Exceptional circumstances might override the duty to maintain confidentiality. Where possible, we will inform the patient or staff member of requests to share personal information. The decision to disclose information must only be taken by senior staff. Examples include:

• situations where there is a serious public health risk or risk of harm to other individuals

• when information is required by the police to prevent or detect crime or to apprehend or prosecute offenders (if not providing the information would prejudice these purposes)

• in response to a court order

• to enable a dentist to pursue a legal claim against a patient.

Alison Alexander and Brian Bishop are responsible for making the decision regarding whether personal data should be disclosed. In these cases, only the minimum information required will be shared. 

Data Breaches 

We will always aim to ensure that the information we hold is held securely. We will report any detected data breaches that are likely to result in a risk to the rights and freedoms of the individuals affected to the ICO within 72 hours of becoming aware of them. We will also notify the affected individuals if the breach is likely to result in a high risk to their rights and freedoms. We will also inform the ICO of any breach of confidentiality.

We will document all data breaches, even those that are not notifiable to the ICO, and will include information on the steps taken to mitigate any adverse effects and to ensure that the breach does not reoccur.

Data Subject Rights 

We recognise the rights of individuals under UK GDPR, and we have processes in place to deal with relevant requests. We provide Privacy Notices (Patient, Child and Staff) to comply with an individual’s right to be informed. Where an individual requests access to their information, we will provide this free of charge, and in an electronic and commonly used format within one month of the request, unless we deem the request to be unreasonable or excessive. If we refuse a request for access, we will inform the individual of our decision, and the reasons for it, within one month of their request. We will also inform the individual that they have the right to appeal to the ICO and to seek legal advice.

Where an individual notifies us that the information we hold about them is incorrect, we will rectify this. Where an individual asks us to delete their information, we will consider this based on the type of information and any legal or professional obligations to retain the data. Where we cannot delete the information, we will inform the individual of this within one month of their request. Where an individual asks us to transfer their information to another dental practice, we will ensure that this is done in a confidential and secure manner. Individuals also have the right to object to data processing or to ask for this to be restricted. 

We do not use personally identifiable information in automated decision making or data profiling.