Updated on 21/07/2021
The Phoenix Partnership (Leeds) Ltd ("TPP") have developed Airmid (the "App") to provide you with access to and the ability to contribute to your own health and care record from your smartphone or other personal device.
TPP is committed to protecting and respecting your privacy.
To provide the App and associated services, we must process information about you. Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
This policy (together with the End User Licence Agreement for the App) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. By creating a user account on or using the App you are accepting and consenting to this policy.
1. Personal information
The following information is used by us in order to provide the App and services:
Information you give us
You may provide us with information through your use of the App, including Personal Data and Special Categories of Personal Data. This includes:
Information we collect about you:
We may collect information from your use of the App and our services, including:
Please note that if you use your NHS login details to access the App, the NHS login identity verification services are managed by NHS Digital. NHS Digital is the controller for any personal information you provided to NHS Digital to create your NHS login account and verify your identity, and uses that personal information solely for that purpose. For that personal information, our role is a processor only and we must act under the instructions provided by NHS Digital (as the controller) when verifying your identity. Tap here to see NHS Digital’s Privacy Notice and Terms and Conditions. This restriction does not apply to the personal information you provide to us separately.
2. Uses of personal information
We use the personal information that we collect (subject to choices you make) for the following purposes:
3. Non-personal information
We also collect anonymised data in a form that does not allow identification of you:
4. How your data is shared
The App enables you to:
Sharing with organisations involved in your care: To view your health and/or care record created by others (such as your GP, your community nurse, a hospital you have visited etc.) via the App:
To allow an organisation to see the data that you record on the App:
This is done per organisation that provides health or care services to you. You can amend your consent to share with these organisations from the Organisations screen.
Once an organisation is able to see the data you record via the App and you have subscribed to receive information from that organisation they are able to choose to incorporate data you record via the App into their medical record about you (which may then be shared by them with other organisations involved in your care) but this is only where:
Should this happen there will be some implications in terms of data retention and deletion – see the Airmid Deletion Policy.
If Family access (where somebody has access to another person’s record through the App) is granted on a legal basis (e.g. parental responsibility for a child), the proxy user will automatically be granted access to view, add to, edit and remove that person’s App data. For example, if you are granted Family access you would be able to view and record information on your child’s record, or, with their consent, your parent’s record.
If you do become a proxy user the person whose record is being accessed will see within the App that your proxy access has been granted on a legal basis. In the same way, if someone has proxy access to your record, you will be able to see this within the App.
Sharing with researchers:
You are able to give us consent to disclose your personal information to selected other third parties via the App as part of the service. For example you may want to help a project being undertaken by researchers who are working to improve health and care provision for the benefit of you and the public. You will be asked if you want to share your information with these other parties. The details of this are in the Help the NHS section and you will have to specifically opt-in to share your personal data in this way. To be clear, you can use the App without opting in to share your data with researchers.
Because of our responsibilities to you, we will only disclose or share your personal data in the following circumstances:
An example of a legal obligation would be if a court ordered us to disclose information; in a similar way the government can issue orders that require information to be shared.
5. Our legal basis for processing data
We act as data controller for the data that you independently choose to enter into the app.
We act as data processor for the data that third parties such as care organisations may request you to enter into the app. For example, responses to surveys and questionnaires.
We collect, use and share data that we have in the ways described above as necessary:
6. Data Retention
We retain data until it is no longer necessary for the provision of the App or delivery of our services, or until you request that your App account is deleted. Where no activity has taken place within the app we will retain the data for a maximum period of 21 years from the date of last activity. This period allows for an individual using the App who is deemed Gillick competent at the age of 12 to attain the age of majority and have available the maximum period to seek redress in a court (6 + 15 years). This extended period also provides an extended but not unlimited period for those without capacity.
7. Your Rights
You have specific rights under the Data Protection Act 2018 and the GDPR.
Data you enter
The App provides you with control over the data you enter on the App. You can:
Changing your consent to share data
You can choose which organisations can access the data you enter on the App. You do this by consenting to share your data with specific organisations from within the App settings. You can revoke this consent at any time.
When you withdraw your consent to share data with an organisation, that organisation will no longer be able to view any data you enter (or have previously entered) via the App.
Data that you provide for research is handled differently. See the ‘Research Data’ section in the Airmid Deletion Policy for details.
Requests for deletion and removal of your personal information
As stated above you may request the removal and/or deletion of your personal information – please see our Deletion Policy for more information on how to do this and what this means.
8. Information security and preventing harm
We restrict access to your personal information strictly to TPP employees, contractors, and agents who need access in order to process it. Anyone with this access is subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
In addition to this, it is your responsibility to ensure your computer or device, and your connection to the service, is secure. Use of the App and our services is at your own risk. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us via any device on which you may access the App.
9. Use of App services by a person under 16
We will only permit a person under 16 to use the App (and in so doing collect and use sensitive their personal data) if they are deemed to be Gillick competent by a responsible professional. Gillick competence is a term originating in English Law to decide if a person under 16 years of age is able to consent to their own medical treatment without the need for parental permission or knowledge.
10. Changes to this policy
11. How we operate and transfer data as part of our global services
12. How to contact TPP with questions
If you have general questions or comments about the App, you can email us at AppEnquiries@tpp-uk.com
In this policy, any references to data ‘deletion’ mean data being ‘put beyond use’, a process that is recognised by the Information Commissioner’s Office (ICO) as a form of data deletion. Please see the ‘Beyond Use’ section at the end of this Deletion Policy for more details.
We, TPP, have developed Airmid (the “App”) to provide you with access to and the ability to contribute to your health and care record from your smartphone or other personal device. We also provide you with the ability to support research into health and care. We act as the data controller for data entered by you in the App. For more information about our services and our role and responsibilities please see the End User License Agreement (EULA).
This Deletion Policy explains how data can be removed or deleted from the App. We process all requests for deletion in accordance with the GDPR and the Data Protection Act 2018, and with guidance provided by the Information Commissioner’s Office. Personal information is retained by us until it is no longer necessary for the provision of the App or our services to you, or until you request its deletion (whichever comes first).
Within the App you can remove individual data items that you have entered via the App at any time. These items will no longer be visible to you within the App but will still visible to the organisations that you share data with, but clearly marked as having been marked as removed by you.You are not able to remove or change data recorded by your health or care provider using the App. This includes any data items which your health and/or care provider(s) have chosen to incorporate into the medical record they hold about you, You should contact your health or care provider directly to request deletion or amendment of data items within your record added by a health or care professional.
You can also choose to disable your App account at any time. This will make the data you have entered inaccessible to anyone, including those organisations you have previously shared data with, unless you reactivate your account.
You can disable your App account in the App via your App Profile. Once you disable your App account, your health and care providers or third parties with whom you have previously consented to share your data will no longer be able to access the data you have entered via the App.
Any data you have entered via the App that has been subsequently incorporated into a record held by an organisation involved in your care will remain visible in that record about you - for example, information that has been requested by an organisation via a questionnaire or template.
Any data you have added to other patient records using proxy access will still be accessible to their health and care providers, unless they disable their own account.
Disabling the App does not delete the data you have entered into your record. Your data will be securely retained so that it is available if you want to reactivate your account in the future.
We recognise there are certain circumstances where you may request that we delete your data in accordance with the below principles. These are listed below:
You can delete the data you have entered into your own record yourself from within the App. You can do this by selecting the ‘Permanently delete data that I have added to my medical record’ option when disabling your App account. The data will be securely deleted in accordance with the ‘Deletion Principles’ below;Deletion Principles
Putting your data ‘beyond use’ ensures that your data cannot be retrieved in a useable format or reconstituted, and is a method of deletion recognised by the ICO. This means that your data cannot be used in any manner that affects you, or informs any decision made in respect of you. Data that is put beyond use cannot be used for marketing or other commercial purposes. The data is placed in a secure, locked down state. No further processing activities (including accessing, viewing or sharing data) will be performed by us on the data unless in furtherance of a Court Order or other legal instrument.
To be clear, we will not give any other organisation access to your personal data and we surround the personal data with appropriate technical and organisational security
Proxy access data
If you wish to request deletion of data that either:
In order to share data with a research organisation from within the ‘Help the NHS’ section of the App, you first have to consent to the researcher’s terms and conditions, which explain how that organisation will process the data you contribute through the App. You should be given the option to Opt-out of the research project at any stage. If you choose to do this you will no longer receive notifications from that organisation, nor be able to view any clinical content published by the organisation. Any future data you enter into the App will not be shared to that research organisation.
Disabling your App account will also end your consent to share further data with these research organisations.
How these organisations process your data will be outlined in each organisation’s consent form. If you have consented to the use of your personal information for research, any data already shared to that research organisation will not be able to be removed by us. You will need to contact these organisations individually to request deletion of data that they may hold.
Circumstances where we may be unable to complete the request for deletion
We may reject requests for deletion that require disproportionate technical measures (for example, the need to develop new systems or fundamentally change existing practices), that pose risks to the legitimate rights and interests of others, or that are unrealistic.
We will not be able to respond to your request in the following circumstances, as required by laws and regulations: