Data Protection for Tandem Health

Some of our clinicians use Tandem Health, an AI tool that listens to your consultation and drafts the clinical notes for your record. This notice explains what that means for your information and the choices you have. It supplements our main Privacy Notice [insert link], which still applies.

Indigo Medical LLP is the data controller for your information, including anything processed through Tandem. We are registered with the Jersey Office of the Information Commissioner under registration number 68565.

Tandem Health AB, a company registered in Sweden (company number 559444-6857), is our data processor. This means Tandem only handles your information on our written instructions and cannot use it for its own purposes. Tandem's own Privacy Policy covers its website and business contacts, not your health records: for those, this notice and our main Privacy Notice apply.

To download a pdf of the Privacy Policy for use of Tandem Health

1. We display signs throughout the practice letting you know that we use Tandem.
2. The first time Tandem may be used in your care, your clinician will explain it and ask whether you are happy for it to be used. We record your answer on your medical record, and it applies to your future consultations, including telephone consultations.
3. If you are happy to go ahead, Tandem captures the audio of your conversation through a device in the consulting room or, for telephone consultations, from the call itself.
4. Tandem turns the audio into a written transcript and a draft clinical note.
5. Your clinician reads, corrects and approves the draft before anything is added to your medical record.
6. Your clinician remains fully responsible for your care and for what goes into your record. Tandem does not diagnose, prescribe or make decisions about you.

Tandem is used for both face-to-face and telephone consultations.

Tandem processes what is said during your consultation. This will usually include health information, which is special category data under the Data Protection (Jersey) Law 2018 and receives extra protection.

If someone else attends with you, their voice may also be captured. Please let them know about this notice.

We use Tandem so our clinicians can give you their full attention instead of typing during your appointment, and so your record is complete and accurate.

Under Article 9 of the Data Protection (Jersey) Law 2018, we must have a lawful basis for this processing. We rely on medical purposes (Schedule 2, Part 2, paragraph 15): the processing is needed for medical diagnosis, the provision of care and treatment, and the management of healthcare services, carried out by or under the responsibility of a health professional who owes you a duty of confidentiality. This condition covers both your personal details and your health information.

We do not rely on your consent as the legal basis for this processing. However, we tell you about Tandem through signs in the practice and when it is first used in your care, and you can say no at any time, as explained in the next section.

You do not have to agree to Tandem being used, and you can change your mind at any time. Just tell your clinician before or during any consultation, and they will switch it off and take notes in the usual way. Saying no will not affect your care in any way.

To change the choice recorded on your medical record, for example, so that Tandem is never used in your consultations, tell your clinician or reception, or contact our Data Protection Manager. We will update your record.

Tandem is based in Sweden. Your information is processed and stored in Microsoft data centres within the European Union, which Tandem uses to run its service. Under Article 66 of the Data Protection (Jersey) Law 2018, the European Economic Area (EEA) is recognised as giving an adequate level of protection.

Tandem's only approved subcontractor is Microsoft Ireland Operations Ltd. Tandem must give us 30 days' notice before adding a new subcontractor, and we can object.

We have a written contract with Tandem that meets the requirements of Articles 19 and 22 of the Data Protection (Jersey) Law 2018. Security measures include:

• encryption of your information while it is sent and while it is stored
• clinicians can only see their own patients' consultations
• Tandem staff can only access information with two-factor authentication and from approved locations, and every access is logged
• daily backups and regular independent security testing

Tandem does not make decisions about you. Every note it drafts is checked and approved by your clinician, so no decision about your care is made solely by automated means under Article 38 of the Data Protection (Jersey) Law 2018.

Tandem may only use your information to provide the service to us. It may not use it for its own purposes, including training or improving its AI.

Tandem may not sell your information or use it for marketing.

You have the same rights over information processed through Tandem as over the rest of your record, including the right to access it, have it corrected, and in some cases have it erased or its use restricted. Our main Privacy Notice explains these rights in full. We will respond within four weeks, as required by Article 27 of the Data Protection (Jersey) Law 2018.

Please send any questions or requests to us, not to Tandem. You can use our Data Rights Portal or contact our Data Protection Manager:

Email: indigomedical@indigo.gpnet.je

Telephone: 01534 730541

Post: Data Protection Manager, Indigo Medical, No. 2, 8 Oxford Road, St Helier, Jersey, JE1 4HB

If you are unhappy with how we have handled your information, you can complain to the Jersey Office of the Information Commissioner at jerseyoic.org, by email at enquiries@jerseyoic.org or on 01534 716530.