Policies and Procedures
Aims of Early Life Ultrasound Centre Ltd
Early Life Ultrasound Centre employs radiographers, midwives and healthcare professionals who have undergone CASE (Consortium of Accredited Sonographic Education) accredited sonography training in medical ultrasound. We will provide written brief pregnancy progress reports for parents, but will not directly be looking for or detecting abnormalities during 3D/4D ultrasound scans or gender scan. If an anomaly is detected during a scan appointment then you will be referred to your GP or Midwife for a referral to the hospital that will enable further investigations to take place. At Earlly Life Ultrasound Centre our Sonographers are considered reporters of information and therefore do not make diagnosis. It is our aim to treat all clients with dignity and respect and to enable good communications and service for all clients who use our clinic.
At Early life Ultrasound Centre we welcome feedback. If clients have any concerns or wish to make mention to anything about the service that they have received please feel free to do so via our website; firstname.lastname@example.org The main aim of our service is to reassure mothers and enable earlier bonding with unborn babies in a comfortable relaxing environment. It is a common misconception that when clients come in they will leave with beautifully posed images and/or know the sex of their baby and arrive at 3D/4D ultrasound clinic with false expectations. Babies do have minds of their own and it is important to remember that images seen on the internet are often the best images that clinics have been able to produce and may have been made to look better with computer software. It does need to be remembered that even with all of our technology and the most skilful sonographers we still do not have full control over nature. Most mothers go home with the most amazing images and feel that they have really had a head start in bonding with their babies, although, there are those babies that often find it comfortable in a position that will not allow us to see faces or sometime the sex of the baby. It should be noted that refunds are not given if this is the case as payment is taken for use of the clinic technology and sonographer time, we will however, offer one further free appointment.
Scan safety/ medical evidence
Ultrasound technology was first introduced 50 years ago and there has been no evidence that demonstrates that this type of ultrasound scanning is harmful to the mother or baby. It is our policy that all scans are performed in line with ALARA principles (As Low As Reasonably Achievable) and for no longer than a recommended 30 minute time period as per BMUS (British Medical Ultrasound Society) Guidelines. Our clinic works on the basis that not only does this enable parents to begin the bonding process from the onset but there is increasing evidence of both psychological and other health benefits reported in various medical journals over the past few years. It is our belief that following ultrasound bonding and reassurance scans the mother’s care of herself and therefore the care of her baby may improve. She may be more inclined to eat healthier, be more careful in her day-to-day activities and reduce her alcohol and tobacco intake. All Ultrasound scans should offer medical benefits and not be solely for aesthetics. Our scans are primarily intended to enhance parental bonding and will include a well-being check as a part of our bonding scans.
Policies on refunds
We request a non-refundable deposit when scans are booked the amount varies depending on the service that is being requested. This fee is to cover costs that are incurred when booking Sonographers. If an appointment is cancelled due to unforeseen circumstances refunds will be given, although we would ask that you notify the clinic as soon as possible.
If for any reason clients are unhappy with the service that has provided, we will need to be notified by telephone or in writing. We endeavour to deal with all complaints within 72 hours. A manager will call to discuss the matter in more detail. You can also fill out the form in your picture pack which will give you the opportunity to make any complaints or comments. This should be posted Early Life Ultrasound Centre Ltd Lower Ground Floor, 1, Imperial Square, Cheltenham, Gloucestershire. GL50 1QB
Email address – email@example.com
Telephone contact details – 01242 – 300 810
Any complaints can also be sent to the Care Quality Commission - CQC National Customer Service Centre Citygate Gallowgate Newcastle upon Tyne NE1 4PA
National Customer Service Centre - Telephone: 03000 616161 Fax: 03000 616171
Sonographers with extensive Obstetric experience will carry out scans, although from time to time we use the skills of trainee sonographers who are gaining practical experience in order to complete their training. Trainees will perform these scans in the presence of a senior member of staff. We would like to assure clients that the experience received at the clinic should not be inferior to scans that are performed by our fully qualified sonographers and that clients will be notified if this is the case before appointments are made.
Prior to appointments
Clients are encouraged to bring antenatal records when attending ultrasound appointment, however this would be to enable parents to ask questions should they require. Clients attending for early pregnancy scan should attend with a full bladder to allow for the scan to take place.
We ask that clients arrive 10 minutes prior to the appointment time given to fill out registration forms etc. The appointment length for scans is 10 to 45 minutes depending on which package you choose. This is to allow for scanning and preparation of DVD, CD Rom and prints. Our policy is not to exceed the scanning time beyond 30 minutes. Usually the scanning time will range from 5-20 minutes and ensure that we work in line with the ALARA principle (As Low As Reasonably Achievable). This is a measure put in place for the safety of mother and baby. Often babies may not be in an ideal position on arrival therefore, the length of appointment will allow time for the baby to change position. Clients will also have time to move or walk around in order to get the best views of the baby. It is a common misconception that when clients come in they will leave with beautifully posed images and/or know the sex of their baby and some clients will arrive at 3D/4D ultrasound clinics with false expectations. Babies do have minds of their own and it is important to remember that images seen on the internet are often the best images that clinics have been able to produce and may have been made to look better with computer software. It does need to be remembered that even with all of our technology and the most skilful Sonographers we still do not have full control over nature. Most mothers go home with the most amazing images and feel that they have really had a head start in bonding with their babies, although, there are those babies that often find it comfortable in a position that will not allow us to see faces or sometimes the sex of the baby. It should be noted that refunds are not given if this is the case as payment is taken for use of the clinic technology and Sonographer time, we will however, offer one further free appointment. We are able to accommodate up to 6 members of clients family and friends at each scan appointment. We would ask that small children and babies be accompanied by at least one adult to ensure that valuable scanning time is not lost.
Early pregnancy scans are considered to be viability scans. It may sometimes be the case that an internal scan will need to take place if staff are not able to obtain clear views and/or second scan appointments will need to be made at a very reduced price. Clients are given the option to decline should they not wish to have an internal scan, although information regarding risks and benefits are readily available within consent forms for you to read before you undertake your scan and decide what you are consenting to.
All Ultrasound scans should offer medical benefits and not be solely for aesthetics. Our 3D 4D scans are primarily intended to enhance parental bonding and to check well-being. 2D scans are for reassurance and dating purposes. . Our Baby scans are not performed as a check for fetal abnormalities. If however, any abnormality is detected by the Sonographer, he/she will explain their findings as fully as possible and a referral will be made. It is vital that you get in contact with the midwife or GP to request further investigation.
Gender determination is optional and only possible if the baby is in a position where the sex can be easily identifiable. We cannot guarantee an accurate diagnosis of your baby’s sex. If Clients do not wish to know the sex of their baby we will try to respect their wishes. However due to the detailed imaging of the scans the sex of the baby may be seen despite our best endeavours not to show this. If clients have a very strong wish not to know the sex of the baby it would be better for them not to have the scan.
Payment for scans can be made preferably by credit/debit card. Cheques are not accepted. A deposit will be requested when making an appointment.
The best time for scan images and therefore bonding with unborn babies, is between 24 and 34 weeks. Women with twins wishing to attend for a 3D and 4D baby scan should visit at around 25 weeks, as twins have less space. Please note with the 3D and 4D scanning it is usually not possible to see both babies in the same image area.7
Early Pregnancy Protocol
When booking an early pregnancy scan it should be noted that prior to 6 weeks very little can be seen on an ultrasound scan therefore appointments can only be made if your pregnancy is 7 weeks or more. If your pregnancy is found to be too early due to unknown or incorrect dates for example, a rescan would need to be attended to complete the appointment and obtain the information required. This would be due to development of the baby or to ascertain whether or not the pregnancy is viable. If a pregnancy is suspected not to be viable then a referral will be made to you GP or midwife to allow for further investigation. A report will be issued with findings and findings will be explained, but this should not be considered a diagnosis. All Early pregnancy scans are completed in accordance with NICE (National Institute for Health Care and Excellence) guidelines.
Our ultrasound scans should be regarded as additional scans and are not part of your antenatal care. It is important that clients attend all hospital appointments.
All images will be available to take away on the day. If however, we encounter any unexpected delays in the processing we will send out the images by post within 2 working days.
We use the latest state of the art GE Voluson E8 Expert, 3D and 4D scanning equipment. All Ultrasound equipment is tested regularly and maintained by engineers from Imagex Medical Ltd.
Image quality policy
The quality of 3D scan images and 4D scan movie are determined by the baby’s position, amount of amniotic fluid around the baby (the more the better) and the amount of tissue (skin, fat and muscle) between the probe and the baby. It is a common misconception that when clients come in they will leave with beautifully posed images and/or know the sex of their baby and some clients will arrive at 3D/4D ultrasound clinics with false expectations. Babies do have minds of their own and it is important to remember that images seen on the internet are often 5 the best images that clinics have been able to produce and may have been made to look better with computer software The most important factor in 3D and 4D baby scanning is the baby’s position. If the baby is lying in a difficult position a satisfactory 3D and 4D ultrasound scan may be difficult. In this case you may be asked to come back for one other free appointment.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We do not share our information. Any information held is for the purpose if client safety and will not be shared with any other companies unless specifically authorised to do so in writing. Any information that we hold on paper will be stored in a locked cabinet in a locked office with no access to the public, although most information that we collect is held electronically. We are registered with the Information Commissioners Office (ICO) in accordance with the Data Protection Act.
Privacy and Data control in more detail
1. Introduction This Policy sets out the obligations of Early Life Ultrasound Centre Ltd, a company registered in England under number 07974163, whose registered office is at 1 Imperial Square Cheltenham Gloucestershire GL50 1QB (“the Company”) regarding data protection and the rights of its Clients (in this context, “Client Data Subjects”) in respect of their personal data under EU Regulation 2016/679 General Data Protection Regulation (“GDPR”). The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data relating to employee data subjects. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company. The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
2. The Data Protection Principles This Policy aims to ensure compliance with the GDPR. The GDPR sets out the following principles with which any party handling personal data must comply. All personal data must be:
2.1 Processed lawfully, fairly, and in a transparent manner in relation to the data subject.
2.2 Collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.
2.3 Adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.
2.4 Accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay.
2.5 Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject.
2.6 Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
3. The Rights of Data Subjects The GDPR sets out the following rights applicable to data subjects (please refer to the parts of this policy indicated for further details):
3.1 The right to be informed (Part 12).
3.2 The right of access (Part 13);
3.3 The right to rectification (Part 14);
3.4 The right to erasure (also known as the ‘right to be forgotten’) (Part 15);
3.5 The right to restrict processing (Part 16);
3.6 The right to data portability (Part 17);
3.7 The right to object (Part 18); and
3.8 Rights with respect to automated decision-making and profiling (Parts 19 and 20).
4. Lawful, Fair, and Transparent Data Processing
4.1 The GDPR seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. The GDPR states that processing of personal data shall be lawful if at least one of the following applies:
4.1.1 The data subject has given consent to the processing of their personal data for one or more specific purposes;
4.1.2 The processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract with them;
4.1.3 The processing is necessary for compliance with a legal obligation to which the data controller is subject;
4.1.4 The processing is necessary to protect the vital interests of the data subject or of another natural person;
4.1.5 The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or
4.1.6 The processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
4.2 If the personal data in question is “special category data” (also known as “sensitive personal data” (for example, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation), at least one of the following conditions must be met:
4.2.1 The data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless EU or EU Member State law prohibits them from doing so);
4.2.2 The processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by EU or EU Member State law or a collective agreement pursuant to EU Member State law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);
4.2.3 The processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
4.2.4 The data controller is a foundation, association, or other non-profit body with a political, philosophical, religious, or trade union aim, and the processing is carried out in the course of its legitimate activities, provided that the processing relates solely to the members or former members of that body or to persons who have regular contact with it in connection with its purposes and that the personal data is not disclosed outside the body without the consent of the data subjects;
4.2.5 The processing relates to personal data which is clearly made public by the data subject;
4.2.6 The processing is necessary for the conduct of legal claims or whenever courts are acting in their judicial capacity;
4.2.7 The processing is necessary for substantial public interest reasons, on the basis of EU or EU Member State law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject;
4.2.8 The processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of EU or EU Member State law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;
4.2.9 The processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of EU or EU Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy)
4.2.10 The processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on EU or EU Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
5. Specified, Explicit, and Legitimate Purposes 5.1 The Company collects and processes the personal data set out in Parts 21 to 25 of this Policy. This includes:
5.1.1 Personal data collected directly from Client data subjects.
5.2 The specific purposes for which the Company collects, processes, and holds such personal data are set out in Parts 21 to 25 of this Policy (or for other purposes expressly permitted by the GDPR).
5.3 Employee data subjects are kept informed at all times of the purpose or purposes for which the Company uses their personal data. Please refer to Part 12 for more information on keeping data subjects informed.
6. Adequate, Relevant, and Limited Data Processing The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which Client data subjects have been informed (or will be informed) as under Part 5, above, and as set out in Parts 21 to 25, below.
7. Accuracy of Data and Keeping Data Up-to-Date Data collected form the client data subject should only be valid or the purpose/s specified in section 4 and all data is obtained from the client data subject. See section 6. 8. Data Retention
8.1 The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
8.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
8.3 For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
9. Secure Processing The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 26 to 31 of this Policy.
10. Accountability and Record-Keeping
10.1 The Company’s Data Protection Officer is Christina Cooper, email firstname.lastname@example.org.
10.2 The Data Protection Officer shall be responsible, working together with the Assistant Clinic Manager, for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other employment and data protection-related policies, and with the GDPR and other applicable data protection legislation.
10.3 This document describes all records held and the Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
10.3.1 The name and details of the Company, its Data Protection Officer, and any applicable third-party data processors;
10.3.2 The purposes for which the Company collects, holds, and processes personal data; 10.3.3 Details of the categories of personal data collected, held, and processed by the Company, and the categories of Client data subject to which that personal data relates;
10.3.4 Details of any transfers of personal data to non-EEA countries including all mechanisms and security safeguards;
10.3.5 Details of how long personal data will be retained by the Company (please refer to the Company’s Data Retention Policy); and
10.3.6 Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.
11. Data Protection Impact Assessments
11.1 The Company shall carry out Data Protection Impact Assessments for any and all new projects and/or new uses of personal data which involve the use of new technologies and the processing involved is likely to result in a high risk to the rights and freedoms of employee data subjects under the GDPR.
11.2 Data Protection Impact Assessments shall be overseen by the Data Protection Officer and shall address the following:
11.2.1 The type(s) of personal data that will be collected, held, and processed;
11.2.2 The purpose(s) for which personal data is to be used;
11.2.3 The Company’s objectives;
11.2.4 How personal data is to be used;
11.2.5 The parties (internal and/or external) who are to be consulted;
11.2.6 The necessity and proportionality of the data processing with respect to the purpose(s) for which it is being processed;
11.2.7 Risks posed to employee data subjects;
11.2.8 Risks posed both within and to the Company; and
11.2.9 Proposed measures to minimise and handle identified risks.
12. Keeping Data Subjects Informed
12.1 The following information shall be provided:
12.1.1 Details of the Company including, but not limited to, the identity of its Data Protection Officer;
12.1.2 The purpose(s) for which the personal data is being collected and will be processed (as detailed in Parts 21 to 25 of this Policy) and the legal basis justifying that collection and processing;
12.1.3 Where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
12.1.4 Where the personal data is not obtained directly from the Client data subject, the categories of personal data collected and processed;
12.1.5 Where the personal data is to be transferred to one or more third parties, details of those parties;
12.1.6 Where the personal data is to be transferred to a third party that is located outside of the European Economic Area (the “EEA”), details of that transfer, including but not limited to the safeguards in place (see Part 32 of this Policy for further details);
12.1.7 Details of data retention;
12.1.8 Details of the Client data subject’s rights under the GDPR;
12.1.9 Details of the Client data subject’s right to withdraw their consent to the Company’s processing of their personal data;
12.1.10 Details of the Client data subject’s right to complain to the Information Commissioner’s Office (the “supervisory authority” under the GDPR);
12.1.11 Where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
12.1.12 Details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the significance of those decisions, and any consequences.
13. Data Subject Access
13.1 Client data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.
13.2 Clients wishing to make a SAR should do in writing to the Company’s Data Protection Officer at email@example.com
13.3 Responses to SARs shall normally be made within one month of receipt, however this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the client data subject shall be informed.
13.4 All SARs received shall be handled by the Company’s Data Protection Officer.
13.5 The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a client data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.
14. Rectification of Personal Data
14.1 Client data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.
14.2 The Company shall rectify the personal data in question, and inform the Client data subject of that rectification, within one month of the client data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the employee data subject shall be informed.
14.3 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.
15. Erasure of Personal Data
15.1 Client data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:
15.1.1 It is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
15.1.2 The Client data subject wishes to withdraw their consent to the Company holding and processing their personal data;
15.1.3 The Client data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so) (see Part 18 of this Policy for further details concerning the right to object);
15.1.4 The personal data has been processed unlawfully;
15.1.5 The personal data needs to be erased in order for the Company to comply with a particular legal obligation.
15.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the client data subject informed of the erasure, within one month of receipt of the employee data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the client data subject shall be informed.
15.3 In the event that any personal data that is to be erased in response to a client data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
15.4 Information in the form of reports and supporting images from Early Pregnancy scans, Well-being scans will be held on file for a recommended period of 25 years accessible on request from the Client data subject. (see Part 4 of this Policy for a definition) Gender scan supporting images will be held for a period of 12 months unless otherwise directed by the data subject. All other types of image data will be deleted after a period of 1 month, consent forms will be retained for a period of 25 years. . (see Part 4 of this Policy for a definition)
16. Restriction of Personal Data Processing
16.1 Client data subjects may request that the Company ceases processing the personal data it holds about them. If a client data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.
16.2 In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).
17. Data Portability
17.1 The Company processes personal data relating to clients using hard copy means stored in a locked cupboard in a building with an alarm system. Only Early Life Ultrasound Centre Ltd employees who have signed and agreed date protection agreements are permitted access these files if there is a valid reason or on the request of the client data subject.
17.2 Where Client data subjects have given their consent to the Company to process their personal data in such a manner, or the processing is otherwise required for the performance of a contract between the Company and the Client data subject, Client data subjects have the right, under the GDPR, to receive a copy of their personal data and to use it for other purposes (namely transmitting it to other data controllers). This should be requested and acknowledged in writing. .
17.3 Where technically feasible, if requested by a Client data subject, personal data shall be sent directly to the required data controller.
17.4 All requests for copies of personal data shall be complied with within one month of the Client data subject’s request. The period can be extended by up to two months in the case of complex or numerous requests. If such additional time is required, the Client data subject shall be informed.
18. Objections to Personal Data Processing
18.1 Client data subjects have the right to object to the Company processing their personal data based on legitimate interests, direct marketing (including profiling), and processing for scientific and/or historical research and statistics purposes.
18.2 Where a Client data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the employee data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct of legal claims.
18.3 Where an employee data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing immediately.
18.4 Where an employee data subject objects to the Company processing their personal data for scientific and/or historical research and statistics purposes, the employee data subject must, under the GDPR, “demonstrate grounds relating to his or her particular situation”. The Company is not required to comply if the research is necessary for the performance of a task carried out for reasons of public interest.
19. Personal Data The Company holds personal data that is directly relevant to its Clients. That personal data shall be collected, held, and processed in accordance with Client data subjects’ rights and the Company’s obligations under the GDPR and with this Policy. The Company may collect, hold, and process the personal data detailed in Parts 21 to 25 of this Policy:
19.1 Identification information relating to Clients:
19.1.2 Contact Details;
19.1.3 Current medical status/ current conditions.
19.1.4 Any medical history
19.1.6 Mental health
19.1.8 Any information that could identify the client
20. Health Records
20.1 The Company holds health records (information given on initial consent forms on client data subjects which are used to assess the health, wellbeing, and welfare of clients and to highlight any issues that may require further investigation.
20.2 In particular, the Company places a high priority on maintaining health and safety and appropriate implementation of protocols and procedures and on preventing discrimination on the grounds of disability or other medical conditions. In most cases, health data on employees falls within the GDPR’s definition of special category data (see Part 4 of this Policy for a definition).
21. Data Security - Transferring Personal Data and Communications The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data (including, but not limited to, personal data relating to employees):
21.1 All emails containing personal data must be encrypted via Egress or password protected documents.
21.2 All emails containing personal data must be marked “confidential”;
21.3 Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
21.4 Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
21.5 Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted.
21.6 Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using recorded signed for delivery
21.7 All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”.
22. Data Security - Storage The Company shall ensure that the following measures are taken with respect to the storage of personal data (including, but not limited to, personal data relating to clients):
22.1 All electronic copies of personal data should be stored securely on password encrypted files onsite and offsite.
22.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar; .
23. Data Security – Disposal
23.1 When using the services of Early Life Ultrasound Centre, the consent form that you are required to complete prior to using the services of Early Life Ultrasound centre will address deletion of images.
23.2 Images relating to non-diagnostic ultrasound will be held for a period of 1 month unless otherwise directed by the client data subject. Permanent deletion will then take place.
23.3 When any personal data is to be erased or otherwise disposed of for any reason (including where copies have been made and are no longer needed), it should be securely deleted and disposed of.
23.4 For further information on the deletion and disposal of personal data, deletion consists of complete digital deletion or shredding of documents.
23.5 After deletion has taken place access to the information will no longer be possible.
24. Data Security - Use of Personal Data The Company shall ensure that the following measures are taken with respect to the use of personal data:
24.1 No personal data may be shared informally. No personal data may be transferred to any family member, any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without the authorisation of Christina Cooper Data protection officer.
24.2 Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised employees, agents, sub-contractors, or other parties at any time;
24.3 If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it; and
24.4 Early Life Ultrasound Centre Ltd does not use any personal data for marketing purposes unless appropriate consent has been obtained.
24.5 Information can only be shared with the express consent of the client data subject for the purposes of further investigation or ongoing care/management.
24.6 If consent is given Early Life Ultrasound centre reserves the right use anonymous images for the purposes of examples or social media or website, use.
24.7 Information in the form of reports and supporting images from Early Pregnancy scans, Well-being scans will be held on file for a recommended period of 25 years accessible on request from the Client data subject. (see Part 4 of this Policy for a definition) Gender scan supporting images will be held for a period of 12 months unless otherwise directed by the data subject. All other types of image data will be deleted after a period of 1 month, consent forms will be retained for a period of 25 years. . (see Part 4 of this Policy for a definition)
25. Data Security - IT Security The Company shall ensure that the following measures are taken with respect to IT and information security:
25.1 All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised. All passwords must contain a combination of uppercase and lowercase letters, numbers, and symbols. All software used by the Company is designed to require such passwords.;
25.2 Under no circumstances should any passwords be written down or shared between any employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
25.3 All software (including, but not limited to, applications and operating systems) shall be kept up-to-date. The managing director shall be responsible for installing any and all security-related updates as required after the updates are made available by the publisher or manufacturer or as soon as reasonably and practically possible, unless there are valid technical reasons not to do so. 25.4 No software may be installed on any Company-owned computer or device without the prior approval of the Managing director.
26. Organisational Measures The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data: 26.1 All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under this Policy, and shall be provided with a copy of this Policy
; 26.2 Only employees, agents, sub-contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;
26.3 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so; 26.4 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;
26.5 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
26.6 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
26.7 All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;
26.8 The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
26.9 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the GDPR and this Policy by contract;
26.10 All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the GDPR; and
26.11 Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.
27. Transferring Personal Data to a Country Outside the EEA
27.1 The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the EEA.
27.2 The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
27.2.1 The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data;
27.2.2 The transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the GDPR); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority;
27.2.3 The transfer is made with the informed consent of the relevant employee data subject(s);
27.2.4 The transfer is necessary for the performance of a contract between the employee data subject and the Company (or for pre-contractual steps taken at the request of the employee data subject);
27.2.5 The transfer is necessary for important public interest reasons;
27.2.6 The transfer is necessary for the conduct of legal claims;
27.2.7 The transfer is necessary to protect the vital interests of the employee data subject or other individuals where the employee data subject is physically or legally unable to give their consent; or
27.2.8 The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.
28. Data Breach Notification
28.1 All personal data breaches must be reported immediately to the Company’s Data Protection Officer.
28.2 If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of Client data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Data Protection Officer must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.
28.3 In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 29.2) to the rights and freedoms of employee data subjects, the Data Protection Officer must ensure that all affected employee data subjects are informed of the breach directly and without undue delay.
28.4 Data breach notifications shall include the following information:
28.4.1 The categories and approximate number of Client data subjects concerned;
28.4.2 The categories and approximate number of personal data records concerned;
28.4.3 The name and contact details of the Company’s data protection officer (or other contact point where more information can be obtained);
28.4.4 The likely consequences of the breach;
28.4.5 Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.
29. Implementation of Policy This Policy shall be deemed effective as of 15/05/2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.
This Policy has been approved and authorised by: Name: Christina Cooper Position: Managing Director Date: 14/5/2018 Due for Review by: 14/5/2019