Start of main content

The following notice applies from 21/12/2022.

1. About NHS Borders

NHS Borders is a public organisation created in Scotland under section 2 of the National Health Service (Scotland) Act 1978 (the 1978 Act). It is one of the organisations which form part of NHS Scotland (NHSS).

Our headquarters are:

Borders NHS Board
Borders General Hospital
Melrose
TD6 9BS

Main Switchboard: 01896 826000

NHS Borders is registered with the Information Commissioner's Office. Our registration number is Z772810X.

2. About the personal information we use

We use personal information on different groups of individuals including:

  • Patients and their legal representatives
  • Staff, volunteers, students and applicants
  • Contractors
  • Suppliers
  • Complainants, enquirers
  • Survey respondents
  • Professional experts and consultants
  • Individuals captured by CCTV

The personal information we use includes information that identifies you like your name, address, date of birth and postcode.

We also use more sensitive types of personal information (special category), including information about racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic and biometric data, health; sex life or sexual orientation. 

The information we use can relate to personal and family details; education, training and employment details; financial details; lifestyle and social circumstances; goods and services; visual images; details held in the patient record; responses to surveys. 

3. Our purposes for using personal information

Under the 1978 Act NHS Borders has the statutory responsibility to provide or arrange for the provision of a range of healthcare, health improvement and health protection services. We are given these tasks so that we can help to promote the improvement of the physical and mental health of the people of NHS Borders and assist in operating a comprehensive and integrated national health service in Scotland.

We use personal information to enable us to provide healthcare services for patients (including reminding you of appointments), data matching under the national fraud initiative; research; supporting and managing our employees; maintaining our accounts and records and the use of CCTV systems for crime prevention.

4. Our legal basis for using personal information

NHS Borders, as data controller, is required to have a legal basis when using personal information. NHS Borders considers that performance of our tasks and functions are in the public interest. So, when using personal information our legal basis is usually that its use is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in us. In some situations, we may rely on a different legal basis; for example, when we disclose personal information to comply with a legal request (e.g. a court order), our legal basis is that its use is necessary to comply with the legal obligation. Another example would be for compliance with a legal obligation to which NHS Borders is subject to, for example under the Public Health etc. (Scotland) Act 2008 we are required to notify Health Protection Scotland when someone contracts a specific disease.

When we are using more sensitive types of personal information, including health information, our legal basis is usually that the use is necessary: 

  • for the provision of health or social care or treatment or the management of health or social care systems and services; or
  • for reasons of public interest in the area of public health; or
  • for reasons of substantial public interest for aims that are proportionate and respect people's rights; or
  • for archiving purposes, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards; or
  • in order to protect the vital interests of an individual; or
  • for the establishment, exercise, or defence of legal claims or in the case of a court order.

On rare occasions we may rely on your explicit consent as our legal basis for using your personal information. When we do this, we will explain what it means, and the rights that are available, to you.

You should be aware that we will continue to ask for your consent for other things like taking part in a drug trial, or when you are having an operation. This consent relates to your willingness to participate in a specific activity, or receive a particular service or treatment and is not linked to the lawful basis upon which we rely to process your personal data under data protection legislation.  Where you have provided consent, we will make it clear to you that you have the right to withdraw your consent at any point.

5. Who provides the personal information

When you do not provide information directly to us, we receive it from other individuals and organisations involved in the delivery of health and social care services in Scotland.  These include other NHS Boards and primary care contractors such as GPs, dentists, pharmacists and opticians, other public bodies e.g. Local Authorities and suppliers of goods and services. 

6. Sharing personal information with others

Depending on the situation, where necessary we will share appropriate, relevant and proportionate personal information in compliance with the law, with the following:

  • Our patients and their chosen representatives or carers
  • Staff
  • Current, past and potential employers
  • Healthcare social and welfare organisations
  • Suppliers, service providers, legal representatives
  • Auditors and audit bodies
  • Educators and examining bodies
  • Research organisations
  • People making an enquiry or complaint
  • Financial organisations
  • Professional bodies
  • Trade Unions
  • Business associates
  • Police and other law enforcement
  • Security organisations
  • Central and local government
  • Voluntary and charitable organisations

7. Transferring personal information abroad

NHS Borders does not routinely transfer any data outside of the UK, but when information is transferred outside the UK we will do so in full compliance with the NHS Scotland Information Security Policy. NHS Borders will ensure that data is only transferred to countries where appropriate data protection safeguards are in place.

8. Retention periods of the information we hold

Within NHS Borders we keep personal information as set out in the Scottish Government Records Management: HEALTH AND SOCIAL CARE CODE OF PRACTICE (SCOTLAND) 2020. The Code of Practice sets out minimum retention periods for information, including personal information, held in different types of records including personal health records and administrative records. As directed by the Scottish Government in the Records Management Code of Practice, we maintain a retention schedule as part of our Records Management policy detailing the minimum retention period for the information and procedures for the safe disposal of personal information.

9. How we protect personal information

We take care to ensure your personal information is only accessible to authorised people. Our staff have a legal and contractual duty to keep personal health information secure, and confidential. The following security measures are in place to protect personal information:

  • All staff undertake mandatory training in Data Protection and IT Security
  • Compliance with NHS Scotland Information Security Policy
  • Organisational policy and procedures on the safe handling of personal information
  • Access controls and audits of electronic systems

10. Your rights

This section contains a description of your data protection rights within NHS Borders

The right to be informed

NHS Borders must explain how we use your personal information. We use a number of ways to communicate how personal information is used, including:

  • This Data Protection Notice
  • Information leaflets
  • Discussions with staff providing your care

The right of access

You have the right to access your own personal information.

This right includes making you aware of what information we hold along with the opportunity to satisfy you that we are using your information fairly and legally.

You have the right to obtain:

  • Confirmation that your personal information is being held or used by us
  • Access to your personal information
  • Additional information about how we use your personal information

Although we must provide this information free of charge, if your request is considered unfounded or excessive, or if you request the same information more than once, we may charge a reasonable fee.

If you would like to access your personal information, you can do this by submitting a written request to the following address:

NHS Borders
Medical Records Department
Subject Access Team
Borders General Hospital
Melrose
TD6 9BS

Telephone: 01896 826 000

Email nhsb.dpa@borders.scot.nhs.uk

Please note: emails from your private email address may not be secure. 

Once we have received your request and you have provided us with enough information for us to locate your personal information, we will respond to your request without delay, within one month. However, if your request is complex, we may take longer, by up to two months, to respond. If this is the case, we will tell you and explain the reason for the delay.

The right to rectification
If the personal information we hold about you is inaccurate or incomplete you have the right to have this corrected.

If it is agreed that your personal information is inaccurate or incomplete, we will aim to amend your records accordingly, normally within one month, or within two months where the request is complex.  However, we will contact you as quickly as possible to explain this further if the need to extend our timescales applies to your request.  Unless there is a risk to patient safety, we can restrict access to your records to ensure that the inaccurate or incomplete information is not used until amended.

If for any reason we have shared your information with anyone else, perhaps during a referral to another service for example, we will notify them of the changes required so that we can ensure their records are accurate. 

If, on consideration of your request, NHS Borders does not consider the personal information to be inaccurate then we may add a comment to your record stating your concerns about the information. If this is case, we will contact you within one month to explain our reasons for this.

If you are unhappy about how NHS Borders has responded to your request for rectification, we will provide you with information on how you can complain to the Information Commissioner's Office, or how to take legal action.

The right to object
When NHS Borders is processing your personal information for the purpose of the performance of a task carried out in the public interest or in the exercise of official authority you have the right to object to the processing and also seek that further processing of your personal information is restricted. Provided NHS Borders can demonstrate compelling legitimate grounds for processing your personal information, for instance; patient safety or for evidence to support legal claims, your right will not be upheld.   

Rights in relation to automated decision-making and profiling

NHS Borders do not currently make any decision based solely on automated processing or profiling.

Other rights
There are other rights under current Data Protection Law however these rights only apply in certain circumstances. For further information on these rights, click here. You can also visit ico.org.uk/for-the-public.

The right to complain
NHS Borders employ a Data Protection Officer to check that we handle personal information in a way that meets data protection law.  If you are unhappy with the way in which we use your personal information, please tell our Data Protection Officer using the contact details below.

Data Protection Officer
NHS Borders
Kelso Hospital
Inch Road
Kelso
TD5 7JP

Email: DPO@borders.scot.nhs.uk

Please note: emails from your private email address may not be secure.

You also have the right to complain about how we use your personal information to the Information Commissioner's Office (ICO).  Details about this are on their website at https://ico.org.uk/your-data-matters/how-to-make-a-data-protection-complaint/. You also have the right to seek independent judicial remedy through the courts. 

11. Translation Service/Accessibility

Extra copies and alternative formats are available on request, for example, large print, audio, Braille, or in a different language.

Please email: DPO@borders.scot.nhs.uk

Or write to:

Data Protection Officer
NHS Borders
Kelso Hospital
Inch Road
Kelso
TD5 7JP