The right to erasure
The right to erasure is also known as “the right to be forgotten” and in general refers to an individual’s right to request the deletion or removal of personal information where there is no compelling reason for NHS Dumfries & Galloway to continue using it.
As with other rights, there are particular conditions around this right and it does not provide individuals with an absolute right to be forgotten.
Individuals have the right to have their personal information deleted or removed in the following circumstances:
NHS Dumfries & Galloway can refuse to deal with your request for erasure when we use your personal information for the following reasons:
When using personal information our legal basis is usually that its use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us under the NHS Scotland Act as noted previously. This means that in most circumstances we can refuse requests for erasure. However we will advise you of this as soon as possible following receipt of your request.
The right to restrict processing
You have the right to control how we use your personal information in some circumstances. This is known as the right to restriction. When processing is restricted, NHS Dumfries & Galloway are permitted to store your personal information, but not further use it until an agreement is reached with you about further processing. We can retain enough information about you to ensure that your request for restriction is respected in the future.
Examples of ways you can restrict our processing would be:
If we have shared your personal information with any individuals or organisations, if we restrict our processing, we will tell those individuals or organisations about our restriction if it is possible and not an unreasonable amount of effort.
Whenever we decide to lift a restriction on processing we will tell you.
The right to data portability
The right to data portability allows individuals to obtain and re-use their personal information for their own purposes across different services. It allows them to move, copy or transfer personal information easily from one IT environment to another in a safe and secure way. For example: it enables consumers to take advantage or applications and services which can use their information to find them a better deal.
The right to data portability only applies when the individual has submitted their personal information directly, through electronic means to NHS Dumfries & Galloway. This means that in most circumstances the right to data portability does not apply within NHS Dumfries & Galloway.
Rights related to automated decision making and profiling
You have the right to object to any instances where a decision is made about you solely by automated means without any human involvement, including profiling.
NHS Dumfries & Galloway does not undertake any decision-making about you using wholly automated means.