Privacy Notices - Live Well Swindon Privacy Notice

This notice explains what personal data (information) the Live Well Swindon team 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. You need to be aware of this Privacy Notice if you are being referred to, or are a client of, Live Well Swindon.

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

Live Well Swindon is part of Swindon Borough Council (SBC) and therefore SBC collects, uses and is responsible for certain personal information about you. Swindon Borough Council will act as 'Data Controller'’' for any personal data that you provide to us. We will ensure that the data given to us is processed in line with the Data Protection Act 2018 / and the UK General Data Protection Regulations.

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.

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 Data Protection Act 2018/UK GDPR.

In the course of working with you, SBC may collect a range of data about you. This includes the following personal information:

• Your name, address, telephone number, email address, date of birth, gender identity, smoking status, GP surgery, NHS number and Adult Social Care number (if applicable)
• Information about who referred you into the service (if applicable)
• Information about you and your circumstances, and the support required
• Details and personal information contained in your records and held on our systems, from conversations held and correspondence received (from you or from third parties)
• Personal information regarding members of your family and/or support network
• Photographs (if applicable) in order to support your referral (such as to show risk), or as case studies/to promote our services, with your consent
• Information about your needs and wishes
• Special categories of personal data:
  • Information about your racial or ethnic origin, religious or philosophical belief and your sexual orientation
  • Information about your health or disabilities and any safety concerns

Swindon Borough Council (SBC) complies with its obligations under the UK 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
• by ensuring that appropriate technical measures are in place to protect personal data

Live Well Swindon 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.

We use your personal information to:

• Create a secure and comprehensive record of all of the work that we do with and for you
• Fully understand your needs
• Arrange short/long term support solutions to improve your health and wellbeing
• Liaise with your referrer, the NHS (GPs or Health Care professionals), partners and/or other agencies on your behalf
• Keep you safe from harm

We may need to use some information about you to:

• Deliver services and support to you
• Manage those services we provide to you
• Train and manage the employment of our workers who deliver those services
• Help investigate any worries or complaints you have about your services
• Keep track of spending on services
• Check the quality of services and analyse the services we are providing
• Help with research and planning of new services (this would use anonymised data)

We must always ensure that processing your data is generally lawful, fair and transparent and complies with all the other principles and requirements of the Data Protection ACT 2018/UK GDPR.

As some of the personal data we are asking for is categorised as special category data we are required to identify an Article 6 basis for processing data and meet a specific condition of Article 9 of the Data Protection ACT 2018/UK GDPR.

Our lawful basis for processing is Consent - Article 6(1)(a) of the Data Protection ACT 2018/UK GDPR.

In relation to any special category data, our lawful basis is Explicit Consent - Article 9(2)(a) of Data Protection ACT 2018/UK GDPR.

There may be exceptional circumstances where consent is not provided before our intervention. For example:

• if processing is necessary for reasons of substantial public interest (safeguarding of children and of individuals at risk)
• If processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services
• if 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
• if processing is necessary for compliance with a legal obligation to which the controller is subject

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
• Data Protection Act 2018
• Human Rights Act 1998
• Mental Health Act 1983 (Amended 2007)
• Mental Capacity Act 2005

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.

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):

• Internally within SBC
• Your referrer (if applicable)
• NHS providers, such as GPs, health care professionals and hospitals
• Partner agencies, such as volunteer organisations and statutory organisations
• Other professionals
• Other Local Authorities
• Care Quality Commission (CQC)
• External providers and partners
• Swindon Safeguarding Children Board (LSCB) and Swindon Safeguarding Adults Board (LSAB). These are statutory services which exists to make sure that all member agencies are working together to help keep Swindon’s children and adults safe from harm and protect their rights.

This data sharing facilitates a joined-up approach, enables us to personalise your support, and ensure you are receiving the best service possible.

We will only ever share your data on a basis of need and in line with legislation.

We will do what we can to make sure we hold records about you (on paper and electronically) in a secure way, and we will only make them available to those who have a right to see them.

We will maintain the reliability, accuracy, completeness and currency of personal data in our databases and will protect the privacy and security of our databases. We keep your personal data only for as long as reasonably necessary for the purposes for which it was collected.

Our servers and databases are protected by industry standard security technology.

Records will be retained for as long as it is necessary but no longer than 25 years from the last involvement with Live Well Swindon, in accordance with NHS and SBC retention policy, before being securely destroyed. Please contact Live Well Swindon if you require further information.

Under data protection law, you have rights including:

• Your right of access - You have the right to ask us for copies of your personal information
• Your right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances
• Your right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances
• Your right to object to processing - You have the right to object to the processing of your personal information in certain circumstances
• Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances

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 and data protection incident procedures.

Data Protection Office

You can contact our Data Protection officer by email: DataProtection@swindon.gov.uk

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

The ICO 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, if any.

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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