Information from Scottish Government: Communication via Text Messages from Practices Regarding Containment Measures for COVID-19

Dear Information Governance Colleagues,

Some organisations within the NHSScotland have been recently using text messages to communicate with patients about what to do with their appointments and attendance to certain locations, as a part of the containment measures for COVID-19.

Scottish Government wants to give re-assurance with regards to this measure.   During these difficult times, sending text messages to patients with further instructions around their health care, including attendance or not at certain premises and appointments, is necessary for reasons of public interest in the area of public health (exception point (i) (public health) on Art. 9(2)).

From the Privacy and Electronic Communications Regulations PECR point of view, these messages are not considered to be advertising or marketing material,  but instead providing further advice or  instructions in relation to their health care, including attendance for to appointments or non-attendance to specific locations, etc.

This is also in line with existing guidance provided by the ICO (https://ico.org.uk/media/2616882/direct-marketing-code-draft-guidance.pdf) as this is considered a reminder on how to contact with the health and care service in case of a problem.

The Information Commissioner’s Office (ICO) raised the matter of text messages at last week at the Caldicott Guardian’s Forum and stressed the importance to of wording the message appropriately, whilst supported the importance of protecting the population.

We would appreciate if you could communicate this within your relevant networks, including the GP community.

Thanks for your support.