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This page explains how NHS North Cumbria Clinical Commissioning Group uses any information you give to us, and the way we protect your privacy.

Protecting the privacy and personal data of the visitors to our site is of the utmost importance to us.

Fair Processing Notice

View information on our Fair Processing Notice here which outlines how the NHS North Cumbria Clinical Commissioning Group collect/use/share your information, providing further information and who you can contact if you have any questions or concerns.

General Data Protection Regulation (GDPR) Statement

NHS North Cumbria Clinical Commissioning Group (CCG) is a ‘Data Controller’ under the General Data Protection Regulations. This means we are legally responsible for ensuring that all personal data that we hold and use is done so in a way that meets the current and future data protection principles. We must also notify the Information Commissioner about all of our data processing activity.

All of our staff receive annual information governance training to ensure they remain aware of their responsibilities. They are obliged in their employment contracts to uphold confidentiality, and may face disciplinary procedures if they do not do so.

We will not share, sell or distribute any of your personal information to any third party (other person or organisation) without your consent, unless required by Law. Data collected will not be sent to countries where the Laws do not protect your privacy to the same extent as the law in the UK, unless rigorous checks on the security and confidentiality of that data are carried out in line with legal requirements.

Guide to the GDPR on the Information Commissioner's Office website
 

Data Protection Act 2018

The UK's third generation of data protection law received the Royal Assent and its main provisions commenced on 25 May 2018. The Act aims to modernise data protection laws to ensure they are effective in the years to come. A pdf document of the Act is linked below.

Data Protection Act 2018

Accessibility Note : This link is PDF file document.
If you require any of this document in an alternative format please contact: enquiries@northcumbriaccg.nhs.​​​​​​​uk
 

What is difference between the Data Protection Act (DPA) 2018 and the GDPR?

The GDPR has direct effect across all EU member states and has already been passed. This means organisations will still have to comply with this regulation and we will still have to look to the GDPR for most legal obligations. However, the GDPR gives member states limited opportunities to make provisions for how it applies in their country. One element of the DPA 2018 is the details of these. It is therefore important the GDPR and the DPA 2018 are read side by side.

- Find out more on the Information Commissioner's Office website

Common Law Duty of Confidentiality

Common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as 'judge-made' or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent. The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider's consent. In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.

Three circumstances making disclosure of confidential information lawful are:

• where the individual to whom the information relates has consented;
• where disclosure is in the public interest; and
• where there is a legal duty to do so, for example a court order.
 

Site usage

We do not use cookies for collecting user information. Log files allow us to record visitor's use of the site to enable us to enhance the future layout of the site. The data we gather in this way does not contain any personal information or information about which other sites you have visited. If you provide feedback on our website we will only use it to develop and improve the site.

More information on site cookies
 

Security

This site has security measures in place to protect the loss and alteration of information under our control.
 

Changes to the policy

If the privacy policy changes in any way, we will place an updated version on this page. Regularly reviewing the page ensures you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.


Terms

This legal notice applies to the entire contents of the website under the domain name www.northcumbriaccg.nhs.uk (the “website”) and to any correspondence by email between us and you.

Please read these terms carefully before using the website. Using the website indicates that you accept these terms. If you do not accept these terms, do not use the website. This notice is issued by NHS North Cumbria Clinical Commissioning Group and our address is at 4 Wavell Drive, Rosehill, Carlisle, Cumbria, CA1 2SE.

1. Introduction

1.1 You can access all areas of our website without registering your details with us.

1.2 By accessing any part of the website, you have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the website.

1.3 We may make changes to the website, including these terms, at any time. You will be legally bound by the updated or amended terms from the first time that you use the NHS website after we publish the changes on it.

2. Licence

2.1 You are permitted to print and download extracts from our website for your own personal use on the following basis:

(a) no documents or related graphics on the website are modified in any way.

(b) no graphics on the website are used separately from the corresponding text.

(c) our copyright and trade mark notices and this permission notice appear in all copies.

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on our website (including without limitation photographs and graphical images) are owned by us or our licensors.

For the purposes of this legal notice, any use of extracts from the website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.

2.3 Subject to clause 2.1, no part of the website may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3. Service access

3.1 While we do our best to make sure the website is available 24 hours a day, we are not be liable if for any reason the website is unavailable at any time or for any period.

3.2 Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

4. Visitor material and conduct

4.1 Other than personally identifiable information, which is covered under our privacy policy, any material you transmit or post to our website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designers shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.  

4.2 You are prohibited from posting or transmitting to or from our website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.

(b) for which you have not obtained all necessary licences and/or approvals.

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world.

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the website (including, without limitation, by hacking).

4.4 We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

5. Links to and from other websites

5.1 Links to 3rd party websites on our website are provided solely for your convenience. If you use these links, you leave our website. We have not reviewed all of these 3rd party websites and do not control and are not responsible for these websites or their content or availability.

We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of these websites, you do so entirely at your own risk.

5.2 If you would like to link to our website, you may only do so on the basis that you do not replicate the home page of the website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the Trust logo.

(b) you do not create a frame or any other browser or border environment around our website.

(c) you do not in any way imply that we endorse any products or services other than our own.

(d) you do not misrepresent your relationship with us nor present any other false information about us.

(e) you do not otherwise use any Trust trademarks displayed on our website without express written permission from us.

(f) you do not link from a website that is not owned by you.

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 We expressly reserve the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.

5.4 You shall fully indemnify us for any loss or damage suffered by us for breach of clause 5.2.

6. Disclaimer

6.1 While we do our best to make sure that the information on our website is correct, we do not warrant the accuracy and completeness of the material on our website. We may make changes to the material on our website, or to the products and prices described in it, at any time without notice. The material on our website may be out of date, and we make no commitment to update such material. < this seems to be an odd statement to make

6.2 The material on our website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with access to our website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to our website. 

7. Liability

7.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering our website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a 3rd party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with our website in any way or in connection with the use, inability to use or the results of use of our website, any websites linked to our website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our website or your downloading of any material from our website or any websites linked to our website. 

7.2 Nothing in this legal notice shall exclude or limit our liability for:

(a) death or personal injury caused by negligence.

(b) fraud.

(c) misrepresentation as to a fundamental matter.

(d) any liability which cannot be excluded or limited under applicable law.

8.3 If your use of material on our website results in the need for servicing, repair or correction of equipment, software or data, you agree to be responsible for all such costs. 

9. Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.