Privacy Notices - Use of Magic Notes Privacy Notices

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 when recorded using the Magic Notes tool within Adult Social Care. 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.

We are responsible for collecting and using your personal data when it is recorded using Magic Notes within Adult Social Care. We act as the 'Data Controller,' ensuring that your data is processed in compliance with the Data Protection Act 2018 (DPA 18) and the UK General Data Protection Regulation (UK GDPR).

For more information on SBC’s data protection policies, contact our Data Protection Officer at dataprotection@swindon.gov.uk or by mail at 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”).

When using the Magic Notes tool, we may collect and record the following types of personal data:

• 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, for instance, 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

Magic Notes processes your personal data by recording, transcribing, and summarising meetings through the following steps:

1. User (the trained staff member, such as a social worker) starts the recording
2. The meeting is recorded and the audio file is saved
3. User ends the recording
4. Magic Notes Creates a transcription of the audio file
5. Azure’s OpenAI model creates a summary of the transcript
6. The user is sent a notification telling them that their meeting summary is ready, and can be viewed in the secure webapp
7. The user copies the summary into the case management system and makes any edits required.

We comply with our 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. Swindon Adult Care will work with you to promote your health and wellbeing, designing services together that both suit you and meet your needs.

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

To fully understand your needs we will also need the following:

• 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

To arrange short/long term care solutions:

• Details contained in your care records and conversations held

To liaise with agencies, companies and charities on your behalf:

• Relevant personal information held on our systems

To 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

To 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

To assess your financial contribution to your care:

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

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

• Details contained in your care records and conversations held

To 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:

• (e) 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;

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

• (g) Substantial public interest conditions
• Schedule 1 of the DPA 2018, (6) Statutory and government purposes
• (16) Support for individuals with a particular disability or medical condition
• (18) Safeguarding of children and individuals at risk

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.

Specifically when using Magic Notes, People will be told at the outset of a call if it is being recorded using Magic Notes.  Whilst the legal basis is not consent, the legal basis of public task allows an objection to be made. If anyone objects to the use of Magic Notes at the start of a call then it will not be used.

However if a recording is in progress when an objection is made, the recording will stop at that point but the recording made up to that point will be used otherwise the meeting will have been ineffective.

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

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 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.

Personal data within the Magic Notes system is retained for a maximum of one month before it is automatically destroyed.

Any personal data captured by Magic Notes and is transferred into our case management system will have the same retention policies as explained in the main Adult Social Care Privacy Policy - Records will be retained for no longer than 10 years from the last involvement with Adult Social Care before being securely destroyed.

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 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 procedure.

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

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.

You are viewing the Privacy Notice for the use of Magic Notes.

Read the main Privacy Notice