1. This policy sets out the approach the Independent Shrewsbury and Telford Hospitals Maternity Review (the “Maternity Review”) takes to handle information appropriately and to comply with information legislation.
2. This policy covers documents gathered and created during the Maternity Review and anything in which information of any description is recorded, whether in paper or electronic form. This includes recordings and transcripts of meetings with families, letters, emails, notes from telephone conversations and other interactions, medical records, reports, reviews, board/committee minutes, governing/constitutional documents, legislation, information from websites, guides/codes of conduct, policy documents and articles.
3. This policy may be amended, as necessary, to ensure it reflects any changes in our practices or to mention new types of information handled by the Maternity Review. If the policy is amended, the revised version will be published on the Maternity Review’s website www.ockendenmaternityreview.org.uk.
Legal requirements for information management and privacy
4. The Maternity Review complies with Data Protection legislation and the Public Records Act 1958. Data Protection legislation includes the Data Protection Act 1998, as replaced in 2018, and the General Data Protection Regulation applicable from 25 May 2018. We also observe common law duties of confidentiality.
5. The Maternity Review is not a public authority for the purposes of the Freedom of Information Act 2000.
Data Protection Registration
6. Donna Ockenden Ltd is registered with the Information Commissioner’s Office and Donna Ockenden is the nominated data controller within the Maternity Review because the Maternity Review decides how personal and sensitive personal data are processed. Details of Donna Ockenden Ltd registration, No. ZA160538 can be viewed at www.ico.gov.uk.
Lawful basis and purpose of processing personal data
7. The Maternity Review collects and uses and, will in time, destroy personal information and sensitive personal information:
- on the basis that it is necessary for the exercise of the functions of the Secretary of State, under which they established this non-statutory, independent Maternity Review; the terms of reference of which have been finalised after a period of engagement; and
- for the purposes of fulfilling the independent Maternity Review’s terms of reference, which are published on the Maternity Review’s website www.ockendenmaternityreview.org.uk.
Types of personal and sensitive personal data processed
8. The Maternity Review collects and uses personal data of various types, including contact details, family details, employment and education details, lifestyle and social circumstances, employees of Shrewsbury and Telford Hospitals details, stakeholder details and information about the general business of the Shrewsbury and Telford Hospitals Trust.
9. Some types of data fall into the class of “sensitive” or “special category” data, which require additional safeguards to be put in place. Examples include physical health and mental health details and records; racial or ethnic origin; religious or other beliefs of a similar nature; criminal offences including alleged offences, outcomes and sentences; and disciplinary or regulatory breaches including alleged breaches and outcomes.
Security and confidentiality
10. All members of the Maternity Review team will have access to personal information. All members of the Maternity Review team are appropriately trained in handling personal and confidential information. They are subject to professional obligations regarding confidential and official information, both during their engagement with the Maternity Review and afterwards.
11. All personal and sensitive personal information is appropriately password- protected (if electronic), stored in secure, locked locations (if hardcopy) and appropriately handled to prevent loss or inappropriate access.
12. The Maternity Review will only share information with those who need to see it for the purposes of fulfilling the Maternity Review’s terms of reference, which may include:
- a relevant employer, professional or quality regulator, the police or prosecuting authorities, if the Maternity Review receives information that indicates a criminal or disciplinary offence by someone;
- other witnesses to the Maternity Review, particularly those potentially subject to criticism, in the interests of fairness and justice.
Retention and destruction of documents
13. During the Maternity Review, only information that is required for the purposes of fulfilling the Maternity Review’s terms of reference will be retained. Information will not be kept longer than necessary.
14. The Maternity Review will publish a report of its findings and recommendations. Once it has fulfilled its terms of reference, the Maternity Review will hand over to NHS England/ Improvement a suite of documents for the public record. It is anticipated that the public report, and documents, will not include any personal or sensitive personal data, save where consent has been obtained if appropriate. If necessary, redactions to documents will be made in accordance with Data Protection legislation and any other legal obligation of confidentiality.
15. The Maternity Review will comply with legislative requirements regarding destroying digital recordings and the Maternity Review’s copy of transcripts of meetings. Families may retain their copy of their transcripts of meetings which will contain only information pertaining to their own clinical review as provided to them by the Maternity Review.
16. The Inquiry will securely store information provided to it, including personal information, and will generally retain it for the duration of the Inquiry depending on the purpose of gathering and using that personal information. At the end of the Inquiry and as required by law, the Inquiry record, which may include personal and sensitive personal information, will be transferred to the National Archives where information will be handled according to the safeguards in data protection legislation for archiving in the public interest.
17. The Data Protection Officer for the Maternity Review is Charlotte James, the Maternity Review Manager who may be contacted at the same address.
18. Any enquiries regarding this policy or information held by the Maternity Review should be directed to:
Donna Ockenden Ltd
First Floor, 31 North Street
Tel: 01243 786993