Privacy Notices - Adult Social Care Privacy Policy

This notice explains what personal data (information) Adult Social Care hold about you, how we collect, how we use and may share information about you. We are required to give you this information under data protection law.

A Privacy Notice is a statement issued by an organisation which explains how personal and confidential data about individuals is collected, used and shared.

Swindon Borough Council (SBC) collects, uses and is responsible for certain personal information about you. We will ensure that the data given to us is processed in line with our Data Protection Act 2018 (DPA 18) and the EU General Data Protection Regulations. (GDPR)

Swindon Borough Council will act as ‘Data Controller’ for any person data that you provide to us. To find out more about Swindon Borough Council’s data protection policies, please contact our Data Protection Officer at dataprotection@swindon.gov.uk or in writing to Data Protection Officer, Civic Offices, Euclid Street, Swindon, Wiltshire, SN1 2JH.

Swindon Adult Care will work with you to promote your health and wellbeing, designing services together that both suit you and meet your needs. Swindon aims to be a town of opportunity, where aspiration rather than dependency is supported and quality of life is high for everyone. We will work to understand and break down the barriers that stop this from happening.

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of data is governed by the General Data Protection Regulation 2016/679 (the “GDPR”).

In the course of working with you, we may collect the following personal information when you provide it to us:

• Personal information e.g: your name, address, telephone number, date of birth
• Contact details for members of your family and support network
• Information about your finances, e.g. bank details, income, benefits
• Photographs, e.g. to help inform an Occupational Therapy Assessment

Special categories of personal data

• Information about your racial or ethnic origin, religious or philosophical belief and your sexual orientation
• Information about health conditions or disabilities that may apply to you
• Information about you and your circumstances
• Information about relevant health and safety concerns
• Information about your needs and wishes

Swindon Borough Council complies with its obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

We use your personal information to:

Create a secure and comprehensive record of all of the work that we do with and for you:

• Your name, address, telephone number, date of birth
• Contact details for members of your family and support network

Fully understand your needs:

• Information about you and your circumstances
• Information about your needs and wishes
• Information such as racial or ethnic origin, religious or philosophical beliefs, your sexual orientation
• Your photograph
• Information about any health conditions or disabilities that may apply to you, including your mental health

Arrange short/long term care solutions:

• Details contained in your care records and conversations held

Liaise with agencies, companies and charities on your behalf:

• Relevant personal information held on our systems

Keep you safe from harm:

• Information about any health and safety concerns that may be relevant
• Process complaints and compliments regarding the services we have provided
• Details contained in your care records and correspondence received

Request and arrange installation of specialist equipment for you:

• Information about any health conditions or disabilities that may apply to you
• Information about your needs and wishes
• Your name, address, telephone number, date of birth
• Contact details for members of your family and support network
• Your photograph

Assess your financial contribution to your care:

• Information about your finances - bank details, income, benefits

Work with you or your representative to create a Care and Support Plan:

• Details contained in your care records and conversations held

Analyse the service that we are providing:

• Statistical reports output by our computer systems

The sharing of information facilitates a joined up approach with partner agencies, to provide you with the best possible care and support.

When we collect your personal data, we rely on the following legal bases:

• 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 controller
• Processing is necessary for compliance with a legal obligation to which the controller is subject

When we collect your ‘special categories of personal data’, (such as health, race, ethnicity, sexual orientation) we rely on the following legal bases:

• Processing is necessary for reasons of substantial public interest (safeguarding of children and of individuals at risk)
• Processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services

These legal bases are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities, including:

• The Care Act 2014
• Health and Social Care Act 2015
• Children’s Act 1989
• Localism Act 2011
• Data Protection Act 2018
• Human Rights Act 1998
• Mental Health Act 1983 (Amended 2007)
• Mental Capacity Act 2005
• Homelessness Reduction Act 2017

As we have a statutory basis for collecting your personal data, we do not need to ask for your permission to collect and share it, however we will only ever share your data on a basis of need, in line with legislation and will work transparently with you at all times.

If you do not provide your data, it will limit the effectiveness of the services and support that we are able to offer you.

NHS and care services

To find out more about the NHS’ wider use of confidential personal information and to register your choice to opt out if you do not want your data to be used in this way, visit the NHS website. If you do choose to opt out you can still consent to your data being used for specific purposes.

If we have consent to use your personal information, you have the right to remove it at any time. If you want to remove your consent, contact DataProtection@Swindon.gov.uk

In the course of working with you, we may collect information from, or share it, with some of the following third parties (non exhaustive list):

• Lead provider, First City Nursing Care
• Advocates, deputies, legal power of attorney
• Avon and Wiltshire Partnership NHS Trust (AWP)
• Borough Councils, housing associations and landlords
• Cabinet members
• Care Quality Commission (CQC)
• Central government
• Department for Work and Pensions (DWP)
• External providers
• Family members and carers
• Internal teams, such as case management and finance
• Swindon Safeguarding Adults Board (LSAB)
• Swindon Safeguarding Children Board (LSCB)
• Legal representatives, such as solicitors
• Local government ombudsman
• MPs
• 'Nearest Relative'
• NHS providers, such as GPs and hospitals
• Other professionals
• Care home and domiciliary care providers
• Reablement
• Partner agencies, such as volunteer organisations and statutory organisations
• Schools
• Consultants who enable us to provide direct care to individuals

The Swindon Safeguarding Adults Board (LSAB) is a statutory service which exists to make sure that all member agencies are working together to help keep Swindon’s adults safe from harm and protect their rights.

This data sharing enables us to personalise your care and ensure that you are receiving the best support possible.
We will share your personal data with the National Fraud Initiative, which is administered by the Cabinet Office, for the purposes of assisting the prevention and detection of fraud.

We will share personal information with law enforcement or other authorities if required by applicable law.

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Requesting access to your personal data
Under Data Protection legislation, you have the right to request access to information we hold about you. To make a request for your personal information, please contact our Data Protection Officer by e-mailing DataProtection@swindon.gov.uk Telephone: 01793 445500

You also have the right to:

• object to processing of personal data that is likely to cause, or is causing, damage or distress
• prevent processing for the purpose of direct marketing
• object to decisions being taken by automated means
• in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
• claim compensation for damages caused by a breach of the Data Protection regulations

If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office.

Records will be retained for no longer than 10 years from the last involvement with Adult Social Care before being securely destroyed.

Under GDPR you have rights which you can exercise free of charge which allow you to:

• know what we are doing with your information and why we are doing it
• ask to see what information we hold about you (subject access request)
• ask us to correct any mistakes in the information we hold about you
• object to direct marketing
• make a complaint to the Information Commissioner's Office

Depending on our reason for using your information you may also be entitled to:

• ask us to delete information we hold about you
• have your information transferred electronically to yourself or to another organisation
• object to decisions being made that significantly affect you
• object to how we are using your information
• stop us using your information in certain ways

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under GDPR on the ICO website.

In the event that you wish to complain about the way that your personal data has been handled by Swindon Borough Council, you should write to the Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with our customer complaint procedure.

If you remain dissatisfied with the way your personal data has been handled, you have the right to complain to the Information Commissioner’s Office at www.ICO.org.uk . You may refer the matter to the Information Commissioner’s Office whose contact details are below:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Email: casework@ico.org.uk

This website also contains information on data protection and your rights and remedies.

You are under no statutory obligation to provide personal data to Swindon Borough Council. However, if you do not provide your data, it will limit the effectiveness of the services and support that we are able to offer you.

A yearly audit will take place on personal data to ensure that we remain legally compliant in accordance with current data protection legislation.

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