Adult Social Care Privacy Notice
We are committed to protecting your privacy when you use our services.
You can also find out more about the General Data Protection Regulations and Data Protection Act 1998.
This Privacy Notice contains information about:
- Who we are
- Why we collect your personal information
- The legal basis for using your information
- Who we may share your information with
- How you can access the information we hold about you
- How long we keep information about you
- Further information and Data Protection Officer
Who we are
BCP Council will be the Data Controller for the personal information you provide.
Personal information can be anything that identifies and relates to a living person. This could be your name and contact details.
As the Data Controller, BCP Council will use your information to give you advice and/or services that will enable personalised, positive health and social care outcomes to improve wellbeing, support independence and, where appropriate, protect you from harm.
BCP Adult Social Care provides community-based social work, care management services and occupational therapy support to adult residents of Bournemouth, Christchurch and Poole (aged 18 years and above) with needs arising from:
- a physical disability or long-term condition, including frailty, sight and/or hearing loss, substance misuse or
- a mental health and/or a learning disability (including autism and Aspergers).
- their role as an unpaid carer.
- Younger people who may have a need for adult social care services when they reach the age of 18 (transition from children’s social care services).
People receiving support will be living in their own home or a care home (with or without nursing provision), or may be supported as a hospital inpatient. Services are provided to meet eligible needs and keep people safe from harm.
Other Adult Social Care teams work to support service delivery by working out how much you should pay towards the cost of your care and support services.
Why we collect your personal information
We will collect enough personal information in order to provide you with advice, services and/or equipment for the following purposes:
- Assessment for social care support,
- Informing you about alternative community support,
- Promoting independence and wellbeing,
- Protecting vulnerable adults from harm,
- Calculating personal contribution (if any) to the cost of care services,
- Monitoring and review of social care needs.
This document covers information you have given direct to the Council and information which has been shared with us by other organisations.
We are not allowed to collect information we do not need or will not use.
If we don’t need your personal information we won’t ask you for it.
If we already have it for another service, we will keep your details anonymous.
If we use your personal information for research or analysis, we will always keep your details anonymous or use a fake name. We don’t sell your personal information to anyone else.
The legal basis for using your information
According to the General Data Protection Regulations (GDPR) and the Data Protection Act 1998, we must have a reason to collect and use your information.
This will be:-
- To deliver services and support you
- To enable us to manage the services we provide
- To train and manage our workers who deliver those services
- To investigate any worries or complaints you may have about our goods or services
- To check the quality of our goods and services
- To help with research and planning of new services.
There are a number of legal reasons why we need to collect and use your personal information. For Adult Social Care these are
- Contract: You have entered into a contract with us.
- Legal obligation: it is required by law, including (but not limited to) the Care Act 2014, Mental Capacity Act 2005, Mental Health Act 1983, and associated regulations or statutory guidance.
- Vital interests: the processing is necessary to protect someone’s life.
- Public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
- Consent: you, or your legal representative, have given explicit consent.
Our service also needs to use sensitive personal data also called “special category data” which requires more protection to keep it safe. This is often information you would not want to be widely known and is very personal to you. It includes (but is not limited to):-
- Sexuality or sexual heath
- Religious or spiritual or philosophical beliefs
- Physical or mental health
- Trade union membership
- Political opinions
- Genetic or biometric data
- Criminal history
Sensitive personal data is collected and used when
- you, or your legal representative, have given explicit consent
- you have entered into a contract with us
- it is necessary to perform our statutory duties or it is required by law. For example, The Care Act, Mental Health Act or Mental Capacity Act and associated regulation or statutory guidance,
- it is necessary for employment purposes
- it is necessary to protect someone in an emergency
- 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 deliver health or social care services or it is necessary to protect public health
- it is necessary for archiving, research, or statistical purposes
Who we may share your information with
We use a range of organisations to either store personal information or to help deliver our services to you. Sometimes we have a legal duty to provide your personal information to other organisations, for example the court service or HMRC.
We may also share your personal information with other organisations that enable us to meet our reasons for lawful processing, as detailed above. Organisations may include, but are not limited to:
- Other Council Departments. For example, housing, environmental health
- Private and National Health Services. For example, GPs, hospitals, community nursing teams.
- Independent care organisations
- Support and advice services
- Voluntary services and organisations
- Advocacy services
- Housing associations
- Department for Works and Pensions
- Office of the Public Guardian
- NHS Clinical Commissioning Groups
- Dorset and Wiltshire Fire and Rescue Service
Your information will not be disclosed to any other organisations, except where we are required and allowed to by law.
We may seek your consent if we are able to offer additional services which we believe are of benefit to you. This will be clearly communicated to you. We will only share your details with these organisations if we have your consent. We will not share your information otherwise.
Accessing the information we hold about you
You have the right to request, in writing, details of the information that is held about you and also the right to access a copy of the information. This may be by the Council providing copies of documents, or by inviting you to view the records at one of its offices, if appropriate. Please see our webpage for further information about how to make a subject access request.
BCP Council will not charge a fee to access your information. Sometimes there may be information that we are not allowed to show you, such as
- legal information or advice
- crime prevention and detection records
- information that we believe may be harmful to you and your well-being
- details about or provided by other people – this is called third party information (for example, information from the Police or Department for Work & Pensions)
You may also ask us to
- stop processing your information if this causes or might cause damage or distress
- stop processing your information for direct marketing
- make decisions about you using your information by automated means (for example, using computers to decide on an entitlement)
- amend any of your data which you feel is inaccurate. You can also ask for information to be blocked, erased or destroyed.
- transfer your information electronically to another service provider.
- consider a claim for compensation for any damages caused by a breach of the Data Protection regulations.
If you give consent for us to use your information, you may withdraw this at any time. However, this may affect our ability to continue to provide you with a service.
How long we keep information about you
We will retain information in accordance with corporate standards, relevant statutory requirements, including (but not limited to) the Care Act 2014, Mental Capacity Act 2005, Mental Health Act 1983, and associated regulations and statutory guidance.
If you have a concern about how we are using your information, we would ask you to contact us in the first instance using the address below:
BCP Council,Care Direct,Customer Contact Centre,St Stephens Road,BournemouthBH2 6DY
or email email@example.com
Data Protection Officer
If you are not satisfied with a response to your concerns from the Service, our Data Protection Officer Vivian Bateman, can review any issues regarding Information Rights legislation if necessary. The Data Protection Officer can be contacted at the address below:
Data Protection OfficerBCP Council Information Governance TeamBCP CouncilTown HallBournemouthBH2 6DY
For further information about Information Rights legislation, please contact the Information Commissioner’s Office at www.ico.org.uk or by telephone 0303 123 1113