Isla patient privacy notice

Purpose of this Privacy Notice

This privacy notice is for patient data subjects.

If you are a user data subject, you can review our user privacy notice here.

This privacy notice will inform you about how we at Isla look after your personal data and tell you about your privacy rights and how the law protects you. (References to “us”/“we”/“our” in this Privacy Notice means Isla (registered: ISLACARE LTD.) which is registered in England and Wales under company number 12108076.

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 notice will cover:

Who we are
- Data Processor and Controller
- Data Protection Officer
- Changes to our privacy notice
The data we collect about you and how we collect it
For what purpose we use your personal data
Disclosures of your personal data
Data security and storage
Data retention
Your legal rights

Who we are

Isla is a technology company providing a patient monitoring platform. The platform allows those involved in your care to request and capture important data to help them assess and manage your health conditions. The platform is web based, and supports secure capture of data with encrypted storage in the cloud. The data can be accessed only by the team that has captured the data, vetted Isla staff and any specialists that they wish to pass the data on to.

DATA PROCESSOR and CONTROLLER

Isla acts as a DATA PROCESSOR for all services we deliver to your healthcare provider. We are responsible for the processing of your personal data under the instruction of your healthcare provider, who act as the CONTROLLER. While Isla is acting as a data processor, the lawful basis to process your data is captured by your healthcare provider.

In some circumstances, Isla acts as a data controller of your data, for example if you email us in line with this notice or for support. In these circumstances, we will never ask you for special category data, and the lawful basis to process your non-special category personal data is consent (Article 6(1)(a) of the UK General Data Protection Regulation).

Data Protection Officer

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, including any requests to exercise your legal rights, please contact the DPO using the details set out below;

Isla’s DPO:

Mark Bartlett
Email: dpo@isla.health

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 (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice

We keep our privacy notice under regular review. This version was last updated on 29th March 2023. Historic versions are archived and can be obtained by contacting us at support@isla.health. We will notify your health care provider in case of a material change to our privacy notice.

The data we collection about you and how we collect it

We may collect, process, store and transfer different kinds of personal data which we have grouped together as follows:

Personal demographic data:
This data is sent to us by your healthcare provider and required to ensure your clinical teams can identify you on the platform, authenticate yourself before submitting data into your Isla record, and contact you to do so.
Clinical visit data:
Some of our partner healthcare providers send us visit information like appointment or attendance details, so that we can automate clinical workflows and support clinicians in using the Isla platform and locating your patient record
Personal health data:
Either your clinician will capture this data directly into Isla, in which case they may allow you to opt out at the point of capture, or you will be asked to make submissions yourself, and will be able to opt out of submitting if you wish.

How do we use your personal data?

We will only use your personal data when the law allows us to as instructed by your healthcare provider. Please find in the table below a description of all the ways we plan to use your personal data. For the purposes below, Isla acts as a data processor, and so does not rely on a legal basis for processing this data. Instead, we are acting on express instructions from your healthcare provider, the data controller, so to understand their legal basis for processing your data you will need to visit their Privacy Policy.

Purpose/Activity	Type of data
Identify you as a patient, contact you and manage your record on Isla	Name Date of birth Phone number(s) Email address(es) NHS number Medical record number/ hospital number Contact consent preferences Associated clinical specialties Healthcare provider(s) Sex Deceased status Postcode
Manage your health conditions remotely	Photographs Videos Sound recordings Form responses Notes saved against any media

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. 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 share your personal data with other 3rd party sub-processors set out below for the purposes set out in the table:

Purpose/Activity	Type of data	Third parties or sub-processors we may share your data with
Store your data	Your personal data (name, DoB) and your health identification data (NHS number, registered GP), medical and health data; e.g photos, videos and notes	Google LLC – Locally based data centres
Notify you of requests to capture data	Your first name and phone number	Our chosen SMS sending provider (Vonage)
Notify you or clinicians of updates to service	Your first name and email address	Our chosen email sending provider (Sparkpost)

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with the data controller’s instructions.

Controllers are aware of all sub-processors used and have carried out their own Data Privacy Impact Assessments on the relationships.

Data security and storage

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 third parties. 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.
Images, videos and sound recordings are never permanently stored on the device used to access our platform. They are captured directly from the browser and sent to our cloud database. Form data is cached on the device during a session to avoid loss of data and deleted once a session is ended.
Your data will be stored with our cloud storage provider. This service has server-side encryption including strict key access controls and auditing. All data and metadata is encrypted under the 256-bit Advanced Encryption Standard, and each encryption key is itself encrypted with a regularly rotated set of master keys.

Data retention

Where Isla acts as a data processor, we will only retain your personal data with discretion from your healthcare provider (the data controller) to fulfil the purposes of processing, while satisfying any legal, regulatory or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
Where your healthcare provider is an NHS Trust, retention periods are set by NHS England and can be seen here. In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Your legal rights

You have a number rights, laid out on the ICO website and below.

Under data protection laws you have the right to:

Access your personal data: 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 your personal data: 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: you have the right to object to the processing of your data when we are processing your personal data based on our legitimate interests (or that of a third party) and there is something about your particular situation which makes you want to object the processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object to the processing of your data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
Request restriction of processing your personal data: this enables you to ask us to suspend the processing of your personal data in the following scenarios: if you want us to establish the data’s accuracy; where our use of the data is unlawful but you do not want us to erase it; 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; you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request transfer of your personal data: we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

If you wish to exercise any of the rights set out above, please contact the DPO through email, or contact us at data-request@isla.health.

After contact we may request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that your personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response and aim to do this within seven days.
Where Isla is acting as a processor of your data, we will seek approval from your health provider as the data controller, before being able to act on your request. The response to your request will be at the discretion of the data controller. If you make a request, we may ask you to confirm your identity, and then will initiate this approval process within seven days. The response to your request from the data controller should be provided within a month of confirming your identity. Occasionally it could take longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.