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Adult Social Care Privacy Notice

Background
Dudley Borough Council collects, holds and uses a full range of information, including personal information about residents, people it provides services to, and other people such as carers. We do this so we can better understand what you need and how we can effectively meet these needs.
The Council is accountable to its communities and has a duty to the people who we hold information about. We follow strict and distinct rules and have controls in place on how your personal information is used. We must treat your information responsibly, keep it safe and secure, and use it correctly and proportionately. This does include sharing the data you have provided when we are required to do this.
This document is a privacy notice. It explains and is organised around the following aspects: how and why we use any information we collect about you; how we may share your information; how long we keep your information; and your rights.

Information we collect and use about you and what we use it for

When you contact Adult Social Care we collect and use your personal data. We may also collect some special category information. A further explanation of this can be found in the Council’s main Privacy Notice available at this link:
https://www.dudley.gov.uk/privacy-disclaimer-tatement/corporate-privacy-disclaimer-statement/

Why we need this information

We need this information to process things like:

  • Help us decide if you need any ongoing social care services;
  • Use this information to meet and manage any ongoing social care needs;
  • Check the quality of the services you receive;
  • Investigate if we have concerns about your safety or you are reporting concerns about another person’s safety;
  • Look into complaints you have about your services;
  • Keeping track of the spending on your services;
  • Detect and prevent fraud or crime; and
  • Help with service delivery and planning, for example training of staff.

The legal basis for collecting and using this information

We will use this personal and special category data to comply with our legal obligations and duties, and where it is necessary to protect individuals from harm or injury.
The legal basis under General Data Protection Regulation (GDPR) Article 6 (1) are:

“(c) processing is necessary for compliance with a legal obligation to which the controller is subject; and (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. Additionally in some cases (a) the data subject has given consent to the processing and(d) processing is necessary in order to protect the vital interests of the data subject or of another natural person.”

The legal basis under GDPR Article 9 (2) for special category data are:
“(c) processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; (g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; and in some cases (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes.”

What happens if you do not want to give this information

The information we collect is required in order to have a complete picture of your social care needs and allows us to better help you. You do not have to give us your information if you do not want to. However, if we do not have this information we may not be able to assess your needs or provide you with social care services.

Other people may give us information

As part of the continuing efforts to keep you safe and living independently we may also receive personal information about you from others. This could include: family members and friends, NHS agencies (such as GPs or hospitals), commissioned support providers, other local authorities, voluntary sector organisations and the West Midlands Police.

Sharing Information -When Adult Social Care shares your information

The reasons we share your information

We may share your information with other council departments or third parties. Dudley’s policy is that all information will only be shared among council services and other agencies, such as health and well-being colleagues, where we have a legal power or duty to do this. In this way it should help to improve the service you receive from us, to communicate and provide other services that are appropriate to your needs, and develop further services.

Sharing to provide services

Your personal information may be shared with internal departments in the Council, or with external partners and agencies outside of the Council. This may include charities involved in delivering services on the Councils behalf. Sometimes we will have a legal reason to share your data with a partner. They will only have access to your information on a need to know basis. We will only share what they need to know to do the job or deliver a service to you. Your privacy and the security of sharing this information is checked when we start to work with someone new. Examples are:

  • local and central government and other public bodies. For example; the Department for Health and Social Care; and the Department for Work and Pensions (DWP);
  • other Local Authorities (other Councils);
  • ombudsman and regulatory authorities, who will be investigating your concerns or complaints;
  • health bodies in the local area, and sometimes nationally. Dudley GP's, Dudley Group NHS Foundation Trust, Black County Partnership NHS Foundation Trust, Dudley Clinical Commissioning Group (CCG);
  • partners that are part of improvement projects. For example, the Better Care Fund;
  • Commissioned support providers such as domiciliary agencies; and
  • Police bodies.

We also share information with 3rd party organisations, such as insurers or solicitors who are acting on your behalf. This is usually done with your consent, unless there is a legal reason (as below) to share without your consent.

Sharing to comply with the Law

he council may also provide personal information to third parties, where it is necessary to do so to comply with the law. We will share where we are required to under UK Data Protection law (General Data Protection Regulation 2016/679, Data Protection Act 2018). For example, we might need to use your information and share it with others for one or more of the following reasons:

  • for the purposes of the prevention and detection of crime;
  • to protect the public purse and to minimise waste;
  • it is otherwise necessary to comply with any other legal obligations

Examples of third parties who we may share your information with, where a law requires us to, include (but are not limited to):

  • health bodies (NHS Trusts, GPs);
  • the Police;
  • local and central government and other public bodies. For example the Department for Health and Social Care; and the Department for Work and Pensions (DWP);
  • other Local Authorities (other Councils);
  • Care Quality Commission; and
  • West Midlands Fire Service.

The Council puts agreements in place with partners we share with to ensure we all protect your data properly, and are only sharing the minimum amount of data we need to provide you with a service. More information on council services and information sharing can be found on the council’s privacy statement at https://www.dudley.gov.uk/privacy-disclaimer-statement/.

Where we need to share sensitive or confidential information such as medical details, we will do so only with your permission or where we are legally required to. We may share sensitive or confidential information to prevent risk of harm to you or another person, for example in the case of Safeguarding vulnerable people

Other important things to know about sharing

Adult Social Care will not transfer your personal data outside the European Union/European Economic Area.

Your personal data will not be used for automated decision making or profiling. Automated decision making is making a decision solely without any human involvement. Profiling can be part of an automated decision making process. It is where your personal data is used to evaluate certain things about you.

How long Adult Social Care keeps your personal data

We keep your personal data for no longer than reasonably necessary and in line with our corporate data retention schedule. The corporate data retention schedule is a list of specific categories of records and how long they should be kept. We will stop using your data after we no longer have a legal reason to use your information, which may be when your services have ended.  You can request a copy of our retention periods for specified information by contacting our Corporate Information Governance Team via email: information.governance@dudley.gov.uk

Your information rights

The law also gives you a number of rights to control what and how we use your personal and special category information. If you would like more information on your rights and the exemptions, please see these websites:

The name and contact details of the Data Protection Officer

We have a Data Protection Officer who is a council staff member whose job it is to make sure we respect your rights and follow the law. Please contact , Lewis Bourne, Data Protection Officer, at information.governance@dudley.gov.uk or by calling 0300 555 2345 and asking to speak to the Data Protection Officer.

Main contact details

Should you need them, the Council’s main contact details are:
Dudley Borough Council, Council House, Priory Road, Dudley , DY1 1HF.
Website: www.dudley.gov.uk

Your right to make a complaint

It would be helpful if you contacted us first at Complaints.SocialCare@dudley.gov.uk to see if we can resolve the problem.

You can also make a complaint to the Information Commissioner’s Office if you are unhappy with how the council has handled your personal data. You can contact the ICO at: casework@ico.org.uk telephone 0303 123 1113, or post to Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.