Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how NHS Improvement collects and processes your personal data through your use of this website (regardless of where you visit it from), the exercise of our statutory functions or when you exercise certain rights under legislation.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
NHS Improvement is made up of the legal entities Monitor and the NHS Trust Development Authority, the contact details for which can be found here. This privacy notice is issued on behalf of both Monitor and the NHS Trust Development Authority so when we mention NHS Improvement, ‘we’, ‘us’ or ‘our’ in this privacy notice, we are referring to the relevant legal entity in NHS Improvement responsible for processing your data.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, please contact the DPO on firstname.lastname@example.org.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes (for example your email address) during your relationship with us.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender
- Contact Data includes email, postal address and telephone numbers
- Health Data includes information received by NHS Improvement in the form of whistle-blowing and complaints received from members of the public and parliamentary questions; information relating to staff at NHS Improvement; and internal investigations due to complaints or internal whistle-blowing. Information received relating to patient safety incidents recorded via the National Reporting and Learning System. Information shared by NHS Resolution about litigation claims as part of the Getting It Right First Time Programme
- Special Categories of Personal Data (non-health) includes information about disability, race or ethnicity, religious or philosophical beliefs, sexual orientation or information about political opinions. It is collected with individual’s consent in order to fulfil our functions in the recruitment and appointment of chairs and non-executive directors of NHS trusts and charity trustees, and to improve the leadership of NHS trust and foundation trust boards by monitoring their capacity, capability and diversity
- other personal data which does not fall within any of these categories (such as employment status and contract type, criminal convictions and offences or bank details) is held to fulfil our functions in the recruitment, appointment, development, and appraisal of chairs and non-executive directors of NHS trusts, and charity trustees. This includes information and correspondence related to recruitment and appraisal, performance and development information for those who have either applied for roles that we advertise, have expressed an interest in applying for these roles or who have been appointed as chairs or non-executives of NHS trusts or as charitable trustees.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- where we need to perform the contract we are about to enter into or have entered into with you
- where it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in either Monitor or the NHS Trust Development Authority
- where we have your consent
- where we need to comply with a legal or regulatory obligation.
Purposes for which we will use your personal data
We have set out below a description of all the ways we plan to use your personal data, and the legal bases we rely on to do so.
|Purpose/activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To send bulletins and email updates||(a) Identity (b) Contact||Consent|
|To deliver relevant website content and measure or understand the effectiveness of website or services||(a) Identity (b) Contact||Necessary for our legitimate interests to keep people informed of issues relating to providers|
|To respond to a request under the Freedom of Information Act, enquiries, the Data Protection Act, or the General Data Protection Regulation||(a) Identity (b) Contact||Comply with a legal or regulatory obligation|
|To investigate and respond to a complaint (including whistle-blowing) raised by you||(a) Identity (b) Contact||Necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in either Monitor or the NHS Trust Development Authority|
|To recruit, appoint, appraise and develop executives, chairs and non-executive directors to NHS trusts and trustees to NHS charities, and support NHS foundation trusts in recruiting executives, chairs and non-executive directors||(a) Identity (b) Contact (c) Special Categories (d) Other personal data related to recruitment and development||Necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Monitor and the NHS Trust Development Authority|
|To improve the leadership of NHS trust and foundation trust clinical staff through research programmes||(a) Identity (b) Contact||Necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Monitor and the NHS Trust Development Authority|
|To monitor independent providers’ compliance with the NHS Provider Licence||(a) Identity (b) Contact||Necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Monitor and the NHS Trust Development Authority|
|To improve the leadership of NHS trust and foundation trust boards by monitoring their capacity, capability and diversity||(a) Identity (b) Contact (c) Special Categories|
|Information for Getting It Right First Time Programme||(a) Identity (b) Contact (c) Health|
|To learn from patient safety incidents||(a) Identity (b) Contact (c) Health|
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at email@example.com.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We may have to share your personal data with NHS England in responding to a complaint or whistleblowing case about an NHS trust or NHS foundation trust. Please see our whistleblowing policy for further details.
We require them to respect the security of your personal data and only permit them to process your personal data for specified purposes and in accordance with our instructions.
In relation to information to fulfil our functions to support NHS providers in the recruitment of chairs and non-executive directors and NHS charities in recruiting trustees, and in order to keep individuals who have expressed an interest in these roles informed of new and potential roles and development opportunities, the personal data of candidates and potential candidates may be shared with organisations who are recruiting, recruitment agencies, the Department of Health, other Government Departments and Arm’s Length Bodies, stakeholder groups and the Commissioner for Public Appointments, as well as members of the selection panel. Where candidates are appointed to these roles we will share personal data about the successful candidate with the organisation concerned.
As part of the services offered to you through your use of this website, the information which you provide to us in response to website surveys may be transferred to countries based outside the European Economic Area (EEA) so the processing of your personal data will involve a transfer of data outside the EEA.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements have been considered.
All records held by NHS Improvement will be kept for the duration specified by national guidance from the Department of Health & Social Care found in the Records management: NHS code of practice for health and social care 2016, supplemented by NHS Improvement’s retention schedule.
In some circumstances you can ask us to delete your data: see ‘Request erasure below for further information.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
Request access to your personal data (commonly known as a subject access request). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
If you wish to exercise any of the rights set out above, please contact us at firstname.lastname@example.org.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise this right set out above, please contact us on email@example.com.
Please note that we don’t require you (whether under statute or contract) to provide personal data and we do not make use of automated decision making in relation to personal data. If this changes, we will let you know.