Privacy Notices - Disabled facilities grants Privacy Notice

This notice explains what personal data (information) Swindon Occupational Therapy team, and the Housing Renewal 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.

In completing this form you must ensure that all persons whose data is entered to the form has an understanding and awareness of that, and of this Privacy Notice; which informs its use.  You will be asked to confirm that you have done that in each form.

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 will act as a “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 our Data Protection Act 2018 (DPA 18) and the EU General Data Protection Regulations. (GDPR)

To find out more about Swindon Borough Council’s data protection policies please contact our Data Protection Officer. dataprotection@swindon.gov.uk or in writing to Data Protection Officer, Civic Offices, Euclid Street, Swindon, Wiltshire, SN1 2JH.

Please note that not providing your personal data may lead to you being unable to utilise services provided by Adult Social Care or Housing Renewal teams.
 

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 (or with professionals from other agencies who also work with you), we may collect the following personal information when you, relatives and carers, or professionals 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 relating specifically to your individual case.

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

We will only collect special category data where we have a justifiable need to do so and in accordance with additional Data Protection Act 2018 constraints. 

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):

• Advocates, deputies, legal power of attorney
• Borough Councils, housing associations and landlords
• Central government
• Department for Work and Pensions (DWP)
• External providers
• Family members and carers
• Internal teams, such as case management and finance
• Legal representatives, such as solicitors
• Local government ombudsman
• NHS providers, such as GPs and hospitals
• Other professionals
• Care home and domiciliary care providers
• Reablement

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
• by ensuring that appropriate technical measures are in place to protect personal data.

We use your personal information to:

• provide adaptations and aids in your home
• arrange short term and long term care solutions
• fully understand your needs
• work with you or your representatives to provide that care, those adaptations and aids
• liaise with agencies, companies and charities on your behalf
• process complaints and compliments regarding the services we have provided
• analyse the service that we are providing through statistical reports output by our computer systems to manage those services we provide to you
• create a secure and comprehensive record of all of the work that we do with and for you
• to train and manage the employment of our workers who deliver those services

The law allows us to use your information when:

• it is necessary to deliver health or social care services
• it is necessary to perform our statutory duties
• it is necessary to protect someone in an emergency
• it is required by law
• it is necessary for employment purposes
• you have made your information publicly available
• it is necessary for legal cases
• it is to the benefit of society as a whole
• it is necessary to protect public health
• it is necessary for archiving, research, or statistical purposes
• you, or your legal representative, have given consent

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.

Special Category data is subject to additional protections in law, and will always be treated in accordance with those protections. 

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

We use a range of organisations to either store personal information or help deliver our services to you. Where we have these arrangements there is always an agreement in place to make sure that the organisation complies with data protection law.

Sometimes we have a legal duty to provide personal information to other organisations.

We may share your data with the following non-exhaustive list where there is a legal basis for doing so:

• Advocates, deputies, legal power of attorney
• Borough Councils, housing associations and landlords
• Central government
• Department for Work and Pensions (DWP)
• External providers
• Family members and carers
• Internal teams, such as case management and finance
• Legal representatives, such as solicitors
• Local government ombudsman
• NHS providers, such as GPs and hospitals
• Other professionals
• Care home and domiciliary care providers
• Reablement

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  or by 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.

There is often a legal reason for keeping your personal information for a set period, and all of these are in our corporate Retention & Disposal schedule.

For Disabled Facilities Grant cases; information is held for 6 years, or for as long as any legal grant conditions are in force.
 

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. 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
 

You are under no statutory obligation to provide personal data to Swindon Borough Council during the grant process. However, if you do not provide the data, we may not be able to process your application properly or at all.
 

Regular audits take place on personal data to ensure that we remain legally compliant in accordance with current data protection legislation.

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