PURPOSE OF THIS PRIVACY NOTICE
This privacy notice will inform you about how we at ISLA CARE LTD (Isla) look after your personal data and tell you about your privacy rights and how the law protects you.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
This notice will cover:
Who we are and important information
Data Processor and Controller
Data Protection Officer
Changes to our privacy notice
Your duty to inform your healthcare provider of changes
The data we collect about you and how we collect it
For what purpose we use your personal data
Disclosures of your personal data
Data security and storage
Data retention
Your legal rights
Who we are and important information
Isla is a technology company providing a visual patient record platform. The platform allows anyone involved in a patient’s care to capture and review visual data of health conditions. The platform is web based, and supports secure capture of the visual data with encrypted storage in the cloud. The data can be accessed only by, the team that has captured the data, and any specialists that they wish to pass the data on to.
DATA PROCESSOR AND CONTROLLER
Isla is the processor and is responsible for the processing of your personal data under the instruction of the controller (collectively referred to as Isla, “we”, “us” or “our” in this privacy notice). Healthcare providers act as the controller of your personal data and have instructed Isla to act on their behalf to give you the best possible care.
DATA PROTECTION OFFICER
We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below;
Isla’s DPO:
Mark Bartlett
Email: [email protected]
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE
We keep our privacy notice under regular review. This version was last updated on 7th September 2020. Historic versions are archived and can be obtained by contacting us. We will notify your health care provider in case of a material change to our privacy notice.
YOUR DUTY TO INFORM YOUR HEALTHCARE PROVIDER OF CHANGES
It is important that the personal data processed is accurate and current. Please keep your healthcare provider informed if your personal data changes during your relationship with us.
THE DATA WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We may collect, process, store and transfer different kinds of personal data which we have grouped together as follows:
Personal data including name and date of birth:
This data is sent to us by your healthcare provider the moment your clinician adds you to our platform and required to authenticate your identity before allowing you to submit into your Isla record.
Medical and health data including your registered GP, NHS number and video or photos of your health conditions:
Health identification data (i.e Registered GP and NHS number) is sent to us when your clinician adds you to our platform. Either, your clinician will collect videos or photos in person, and ask your consent that you’re happy for it to be captured, processed by Isla and sent to your healthcare provider. Or, you will be asked to make submissions yourself, and will be asked to provide your consent before you do so.
For what purpose we use your personal data
We will only use your personal data when the law allows us to as instructed by your healthcare provider. Please find in the table below a description of all the ways we plan to use your personal data, and which legal basis we rely on to do so.
| Purpose/Activity | Type of data | Legal basis |
|---|---|---|
| Identify you as a patient | Your personal data (name, DoB) and your health identification data (NHS number, registered GP) | Deliver a connected service to you, through legitimate interest |
| Manage your health conditions remotely | Medical and health data; e.g photos, videos and notes | Consent given at the point of capture |
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with other 3rd parties set out below for the purposes set out in the table:
| Purpose/Activity | Type of data | Third parties we may share your data with |
|---|---|---|
| Store your data | Your personal data (name, DoB) and your health identification data (NHS number, registered GP), medical and health data; e.g photos, videos and notes | Our chosen cloud storage provider |
| Notify you of requests to capture data | Your first name and phone number | Our chosen SMS sending provider |
| Notify you or clinicians of updates to service | Your first name and email address | Our chosen email sending provider |
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
DATA SECURITY AND STORAGE
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to third parties. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We do not store any of your data on any device that is used to access our platform. Images and video are captured directly from the browser and sent to our cloud database.
Your data will be stored on Google’s Firebase secure server. This service has server-side encryption including strict key access controls and auditing. Each Cloud Firestore object’s data and metadata is encrypted under the 256-bit Advanced Encryption Standard, and each encryption key is itself encrypted with a regularly rotated set of master keys.
DATA RETENTION
We will only retain your personal data in line with the data controller’s discretion to fulfill the purposes of processing, while satisfying any legal, regulatory or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Details of retention periods for different aspects of your personal data are set out in line with NHS guidance in the table below:
| Type of data | Retention |
|---|---|
| Your personal data (name, DoB) and your health identification data (NHS number, registered GP) | Up to 8 years, or until either the termination of the contract with the capturer of the data, or their (or your) request to delete it |
| Medical and health data; e.g photos, videos and notes | Up to 8 years, or until either the termination of the contract with the capturer of the data, or their (or your) request to delete it |
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
When the legal basis for processing your data is consent, you have the right to withdraw your consent when you receive an active submission request through indicating this in the capture flow, or at any time by either emailing the [email protected]
Under data protection laws you also have the right to:
- Access your personal data: this enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of your personal data: this enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data: this enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data: you have the right to object to the processing of your data when we are processing your personal data based on our legitimate interests (or that of a third party) and there is something about your particular situation which makes you want to object the processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object to the processing of your data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
- Request restriction of processing your personal data: this enables you to ask us to suspend the processing of your personal data in the following scenarios: if you want us to establish the data’s accuracy; where our use of the data is unlawful but you do not want us to erase it; where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request transfer of your personal data: we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
If you wish to exercise any of the rights set out above, please contact the DPO through email, or contact us at [email protected].
Isla will seek approval from the health provider as the data controller, before being able to act on your request. The response to your request will be at the discretion of the data controller. Isla commits to initiate this approval process within seven days of receiving any request. The response to your request from the data controller should be provided within a month of confirming your identity. Occasionally it could take longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
After contact we may request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that your personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response and aim to do this within seven days.