HCPC Patient Confidentiality & UK GDPR

Question 1

What is the legal basis for processing patient health data under UK GDPR?

Accepted Answer

Explicit consent, or another lawful basis under Article 9 (substantial public interest, vital interests, healthcare purposes, etc.)

Answer

Health data is 'special category' data under UK GDPR (Article 9). Processing requires both a standard lawful basis (Article 6) and a specific Article 9 condition, such as healthcare purposes or explicit consent.

Question 2

Under UK GDPR, what rights does a patient have regarding their personal health data?

Accepted Answer

Right of access, rectification, erasure (in limited circumstances), restriction, data portability, and to object to processing

Answer

UK GDPR grants data subjects multiple rights including: Subject Access Requests (within 1 month), correction of inaccurate data, erasure in limited circumstances, and restriction of processing.

Question 3

What is a 'Subject Access Request' (SAR) in the context of health records?

Accepted Answer

A formal request by an individual for copies of all personal data held about them by an organisation

Answer

A SAR allows any individual to request copies of all personal data held about them. Healthcare organisations must respond within one calendar month and cannot usually charge a fee.

Question 4

How long do NHS organisations typically retain patient health records under Records Management Codes of Practice?

Accepted Answer

8 years after last treatment (adults); 8 years after 18th birthday for children; longer for certain specialties

Answer

NHS Records Management Codes specify minimum retention periods: adults' records are generally kept for 8 years after last treatment. Children's records must be kept until at least their 26th birthday.

Question 5

A patient requests that their GP does not share their records with the hospital they are being referred to. What should the healthcare professional advise?

Accepted Answer

The patient has the right to restrict sharing; however, clinicians must explain that restriction may affect the quality and safety of care they receive

Answer

Patients can request restrictions on how their data is shared. However, they must be informed that restrictions may affect care quality. Clinicians may still share in genuine clinical emergencies to protect the patient's vital interests.

HCPC Registration Practice Test

HCPC Registration Practice Test

HCPC Patient Confidentiality & UK GDPR