ࡱ> 574q`  bjbjqPqP .2::Pd8$,?"T:4444$!!!!!!!$#hg&R!44!44!pppX44!# p!ppvX!4H pz ϺDd !"0?" &p&$!&! p!!X?"$  CONTRACT RELATING TO THE  FILLIN ["Name of survey"] \* MERGEFORMAT Name of survey (e.g. Inpatient 2005 survey) Guidance notes This guidance has been produced to explain the purpose of the Model Contract Relating to the  REF Name_of_survey \* MERGEFORMAT Name of survey (e.g. Inpatient 2005 survey) (the Model Contract), disseminated as part of the  REF Name_of_survey \* MERGEFORMAT Name of survey (e.g. Inpatient 2005 survey). Background to the survey  FILLIN ["Brief description of the survey"] \* MERGEFORMAT Brief paragraph on survey history and aims Disclosure of personal data and confidential information The survey contractor ( FILLIN ["Approved contractor"] \* MERGEFORMAT survey contractor (company name)) will require patients details in order to distribute the questionnaires and will request these details from the trust. These data constitute "sensitive personal data" under the Data Protection Act 1998, and as such the disclosure of this information without having obtained consent from the patients may be a breach of the Act, as well as the common law duty of confidence. In order to be able disclose patient information to the survey contractor, without breaching the Act or the common law duty of confidence, each trust that intends to pass patients details to the survey contractor will need to enter into appropriate written agreements both with the survey contractor and with the survey contractor staff who will have access to that information. The organisations that are parties to the written agreements referred to above must be legal entities (for example, the NHS trust, a limited company, or both), so that they have the necessary locus to enter into the agreements, and must be the data controller(s) of the relevant personal data. A data controller is defined in the Data Protection Act 1998 as a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. Model Contract The Model Contract has been developed to avoid the need for each trust to develop its own written agreements. However, the Healthcare Commission recommends that trusts should review the provisions of the Model Contract and (after taking legal advice if required) ensure that they are satisfied with them. The Healthcare Commission hopes that the Model Contract will serve a useful purpose, to the extent to which its provisions are relevant to the particular local circumstances in which the survey will take place. However, trusts may wish (with the agreement of the survey contractor) to amend the provisions of the Model Contract where appropriate or required. The Model Contract places confidentiality obligations on the survey contractor and also requires it to comply with the Data Protection Act 1998 and to ensure that its staff members sign and abide by the Honorary Contract or Licence to Attend (as appropriate) set out in Schedule 3 of the Model Contract. Please see further sections entitled Honorary Contract and Licence to Attend, below. Honorary Contract (Schedule 3) The Honorary Contract is set out in Schedule 3 to the Model Contract. This is to be entered into by the trust and those members of the survey contractor staff who will have access to patients information. The Honorary Contract sets out the basis on which that personal data is provided to and can be used by such staff. The Honorary Contract also makes it clear that it does not constitute a contract of employment between the trust and the survey contractor staff. Honorary Contracts will need to be entered into by the trust with each member of the survey contractors staff who will have access to patients information. Where it is envisaged that only one such member of the survey contractors staff will have access, the Healthcare Commission recommends that Honorary Contracts are established with at least two members of staff from the survey contractor in any event (to ensure continuity of progress in the event of one member of staff being away from work, working on other projects, etc). Licence to Attend (Schedule 3) Trusts will note that the Licence to Attend is referred to within the Model Contract. This is to be entered into in place of an Honorary Contract, by the trust and members of staff from the survey contractor, where such staff may visit the trusts premises in order to obtain patients personal data. The Healthcare Commission recognises that practicality may dictate that patients personal data will be passed to the survey contractor (via secure means), since it will not be practicable for members of staff from the survey contractor to visit the premises of the trust. The Healthcare Commission therefore envisages that Honorary Contracts will normally be used for the purpose of the  REF Name_of_survey \* MERGEFORMAT Name of survey (e.g. Inpatient 2005 survey). However, a copy of the Licence to Attend is available from the Healthcare Commission on request by trusts, if survey contractor staff will visit trust premises. Process for review of Model Contract The Model Contract is to be reviewed by the relevant legal department/body, at each trust. Any queries relating to the intent or purpose of the documentation should be sent to Stephanie Freeth at the Healthcare Commission:  HYPERLINK "mailto:Stephanie.Freeth@healthcarecommission.org.uk" Stephanie.Freeth@healthcarecommission.org.uk, telephone 0207 4489200 Any amendments to the Model Contract must be negotiated and agreed by the individual trusts and the survey contractor, independently from the Healthcare Commission. Please contact  FILLIN ["Name of Approved contractor staff"] \* MERGEFORMAT Name of survey contractor staff member who will field queries relating to contracts in this instance:  FILLIN ["Contact details for Approved contractor query contact"] \* MERGEFORMAT Contact details (email then phone number) for survey contractor member of staff (to field queries relating to contracts) The survey contractor will then disseminate finalised contracts to each trust and arrange for these to be put into place. 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