Statutory guidance

Privacy notice

Updated 31 January 2024

Applies to England

© Crown copyright 2024

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This publication is available at https://www.gov.uk/government/publications/reconfiguring-nhs-services-ministerial-intervention-powers/privacy-notice

Summary of initiative or policy

Schedule 6 of the 2022 Health and Care Act introduced new powers which allow ministers to intervene in a reconfiguration of NHS services by inserting schedule 10A into the National Health Service Act 2006 (‘the NHS Act 2006’).

Reconfiguration of NHS services means a change in the arrangements made by an NHS commissioning body for the provision of NHS services where that change has an impact on either of the following:

  • the manner in which a service is delivered to individuals (at the point when the service is received by users)
  • the range of health services available to individuals

We are publishing 2 forms to support the new ministerial powers to intervene in reconfiguration of NHS services. The forms are designed to:

  • allow organisations or individuals to write to ask the Secretary of State to consider using their call-in power
  • help the department collect information about reconfigurations currently taking place in the system via notifications to support ministers to decide whether an intervention is appropriate

Data controller

The Department of Health and Social Care (DHSC) is the data controller.

What personal data we collect

Data collected by the forms includes the requestor’s or notifier’s name, email address, telephone number, role and organisation. The forms also ask the requester or notifier to state (where relevant) the name of the reconfiguration, what services are impacted, the case for change, impacted groups, key milestones and dates, and links to relevant published documents.

How we use your data (purposes)

Information is collected from the call-in request and notification forms. This data is collected to allow us to process the forms and contact the respondent.

Under the General Data Protection Regulation (GDPR), the lawful basis we rely on for processing this information is:

  • performance of a task carried out in the public interest

Data processors and other recipients of personal data

Personal data may be accessed by data processors for the purposes of using the data which has been submitted. This includes the Independent Reconfiguration Panel, who may wish to consult your evidence for the purposes of advising the Secretary of State.

International data transfers and storage locations

Data will be processed within the UK.

Retention and disposal policy

The information will be retained for 10 years for the purpose of informing any proposed ministerial interventions.

How we keep your data secure

DHSC uses a range of technical, organisational and administrative security measures to protect any information we hold in our records from:

  • loss
  • misuse
  • unauthorised access
  • disclosure
  • alteration
  • destruction

DHSC has written procedures and policies that are regularly audited and reviewed at a senior level.

Your rights as a data subject

By law, data subjects have a number of rights and this processing does not take away or reduce these rights under the EU General Data Protection Regulation (2016/679) and the UK Data Protection Act 2018 applies.

These rights are:

  1. The right to get copies of information - individuals have the right to ask for a copy of any information about them that is used.

  2. The right to get information corrected - individuals have the right to ask for any information held about them that they think is inaccurate, to be corrected.

  3. The right to limit how the information is used - individuals have the right to ask for any of the information held about them to be restricted - for example, if they think inaccurate information is being used.

  4. The right to object to the information being used - individuals can ask for any information held about them to not be used. However, this is not an absolute right, and continued use of the information may be necessary, with individuals being advised if this is the case.

  5. The right to get information deleted - this is not an absolute right, and continued use of the information may be necessary, with individuals being advised if this is the case.

Comments or complaints

Anyone unhappy or wishing to complain about how personal data is used as part of this programme should contact data_protection@dhsc.gov.uk in the first instance or write to:

Data Protection Officer
1st Floor North
39 Victoria Street
London
SW1H 0EU

Anyone who is still not satisfied can complain to the Information Commissioner’s Office (ICO):

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Automated decision-making or profiling

No decision will be made about individuals solely based on automated decision-making (where a decision is taken about them using an electronic system without human involvement) which has a significant impact on them.

Changes to this policy

This privacy notice is kept under regular review, and new versions will be available on our privacy notice page on our website. This privacy notice was last updated on 9 January 2024.

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