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Adult Social Care Privacy Notices


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Adult Social Care and Support Privacy Notice


The following privacy notice applies to the adult social care and support services provided by Conwy County Borough Council. It should be read in addition to the council’s overall Customer Privacy Notice, the Adult Mental Health Privacy Notice, and the Commissioned Adult Social Care Services Privacy Notice.

The privacy notice will cover:

  • Purpose for processing
  • Personal information collected and lawful basis
  • Who we may share your information with
  • How long we will hold your information
  • Your information rights

Purpose for processing

The services process personal information in order to carry out basic administration and delivery of adult social care and support services in community and residential/Health care settings either directly or jointly with partners, and commissioned private and 3rd sector providers. This includes:

  • Assessing the physical and mental health, learning and behavioural, financial social care needs, as appropriate, of vulnerable adults and/or their carers/designated representative/holders of Power of Attorney/Court Appointed Deputies, requiring social care packages
  • Enabling the provision of a range of personalised adult social care packages
  • Maintaining our own accounts and records
  • Supporting and managing our employees
  • Awarding and managing contracts with social care providers as commissioned by us and to ensuring the quality of care to our customers
  • Shaping the current and future social care provider market by consulting with customers and/or their carers/representatives
  • Providing “signposting” services for some adult social care-related advice and guidance
  • Providing a complaints service if things go wrong
  • Safeguarding vulnerable adults
  • For the prevention of crime
  • Compliance with regulatory/inspection regimes (e.g. Ofsted and Care Quality Commission), including providing anonymised statistics
  • Providing Safe Scheme and Safe & Well checks

The Council is required by law to protect the public funds it administers and so may use any information you have provided for the prevention, detection and investigation of fraud and irregularity, for the performance of a contract, or, task carried out in the public interest, or to comply with a legal obligation. Part 6 of the Local Audit and Accountability Act 2014 and the Accounts and Audit (Wales) Regulations are the Legal basis. 

Personal information collected and lawful basis

The services process personal information, which is relevant to individual cases but may include some but is not limited to:

  • Personal details – e.g. name / age / address / school / and family details
  • Contact information – e.g. telephone numbers / email address
  • Personal Reference Numbers – e.g. Social Care unique customer reference number / National Insurance Number / NHS number
  • Employment details
  • Financial details – for funding assessment purposes
  • Lifestyle and social circumstances
  • Opinions and decisions
  • Records of complaints
  • Safeguarding reports
  • Student and pupil records
  • Visual images, personal appearance and behaviour

We may also process some special category (sensitive) information, which is relevant to individual cases but may include some but is not limited to:

  • Biometric information
  • Physical or mental health details
  • Racial or ethnic origin
  • Religious or other beliefs
  • Offences (including alleged offences), criminal proceedings, outcomes and sentences
  • Political affiliation / opinions
  • Sexual orientation

The legal bases for processing this personal information are:

  • Compliance with a legal obligation
  • Contract for the supply of services
  • Consent
  • Legitimate interests for the purposes of managing employees

Who we may share your information with

We may need to share the personal information you have given to us or we’ve collected about you with partner organisations where relevant to the individual and/or their care provision. These include but are not limited to:

  • Police and probation service
  • Department of Health
  • Health Services – GPs, Dental Practices, Opticians, Ambulance Services, Hospitals, Betsi Cadwaladar Health Board (NHS) Partnership Trust, Clinical Commissioning Groups (CCGs), Regulatory inspection regimes – Care Quality Commission, Ofsted, Welsh Government Departments
  • Statistical, anonymised data is shared with NHS Digital
  • Schools/colleges
  • Housing Agencies and providers
  • Commissioned Advocacy & Appointeeship providers
  • Care Home and other social care providers
  • Utility companies
  • Representatives who act on your behalf will should you lack the capacity to make decisions regarding your care.  Including but not limited to:
    • Independent Mental Capacity Advocate (IMCA);
    • Those with Lasting Power of Attorney
    • Court Appointed Deputy
    • Nominated representative/nearest family member
    • Other family members who have an interest in your mental health and care
    • Court of Protection
  • Office of the Public Guardian
  • Department for Work and Pensions (DWP)
  • Home Office
  • HMRC
  • Banks and building societies
  • Credit reference agencies
  • Adult Safeguarding Board
  • Appropriate adult/children’s social care team(s)
  • Other Conwy County Borough Council services as appropriate including Legal Services Local Government & Social Care Ombudsman
  • Voluntary Organisation who work in partnership with Conwy County Borough Council.

We do have specific data sharing agreements in place with local agencies and sometimes the law requires that we may have to pass your details on to a third party, for example, to prevent crime.

Information will only ever be shared when it is strictly necessary to help us provide effective services and you may have the right to refuse. We will not pass it onto any other parties unless required to do so by law or in all reasonable circumstances the disclosure is fair and warranted for the purposes of processing or subject to a legal data protection exemption.

How long we will hold your information

The standard adult social care record retention is 6 years after an adult social care service has ended.  However there are also a range of other retention periods affecting different information and service need and these range from 1 year – 11 years depending on the type of information and service. Nb. Mental Health record retention is covered by the Mental Health Services Privacy Notice

Please note: stated retention periods may be subject to any legal holds imposed under the Inquiries Act 2005 that may concern the information and override standard retention.

Your information rights

You are entitled to a copy of, or a description of, the personal data we hold that relates to you, subject to lawful restrictions. Please see How to access your Social Services records for how to request this using the form.

You may be entitled to rectification, restriction, objection, and erasure of your personal information depending on the service and legal basis. Please in the first instance contact the Subject Access Team using the email subjectaccess@conwy.gov.uk or by phone to 01492 575803

See our overall privacy notice at www.conwy.gov.uk/privacynotices for further contact details and if you have a complaint about your information rights.

 

Adult Mental Health Services Privacy Notice

The following privacy notice applies to Adult Mental Health services provided by Conwy County Borough Council.

The privacy notice will cover:

  • Purpose for processing
  • Personal information collected and lawful basis
  • Who we may share your information with
  • How long we will hold your information
  • Your information rights

Purpose for processing

The Mental Health Service processes personal information in order to provide mental health care and aftercare services to customers, their carers and/or representatives. This includes:

  • Assessing the mental health care needs, including in specific circumstances the Deprivation of Liberty, of customers and/or their carers and providing the appropriate care package
  • Obtaining funding for mental health services, placements and packages of care for customers and/or their carers;
  • Providing Safe Scheme and Safe & Well checks
  • Investigating complaints and concerns
  • Supporting and managing our employees
  • Anonymised information based on but not including personal information is used for service planning and reporting and statistical returns to the Council and Department of Health

Personal information collected and lawful basis

The Adult Mental Health Service processes personal information which is relevant to individual cases but may include some but is not limited to:

  • Personal details – e.g. name / Date of Birth / address / and family details.  In cases where the customer lacks the mental capacity this will also include name and contact details of a relative/Appointed Representative and/or those with Lasting Power of Attorney.
  • Contact information – e.g. telephone numbers / email address
  • Personal Reference Numbers – National Insurance number, NHS number, Care System unique customer number
  • Employment details
  • Family Details – where client lacks capacity name, contact details of nearest relative/holder of Lasting Power of Attorney
  • Financial details/Benefits details – for financial assessment and care funding purposes
  • Lifestyle and social circumstances
  • Opinions and decisions
  • Records of complaints
  • Personal appearance and behaviour

We may also process some sensitive (special category) information, which is relevant to individual cases, for providing mental health services, which may include but is not limited to:

  • Physical and/or mental health details
  • Racial or ethnic origin
  • Religious or other beliefs
  • Offences (including alleged offences), criminal proceedings, outcomes and sentences
  • Political affiliation / opinions
  • Sexual orientation

The lawful basis for processing this personal information is:

  • Compliance with a legal obligation
  • Mental Health Act 1983/2007
  • Mental Capacity Act 2005
  • Deprivation of Liberty Safeguards 2009
  • Care Act 2014

Who we may share your information with

Occasionally, we may need to share the personal information you have given to us or we’ve collected about you or your representative with partner organisations. These include but are not limited to:

  • Police
  • Health including – GPs, Hospitals, Betsi Cadwaladr University Health Board, Clinical Commissioning Groups (CCGs), Care Homes
  • Statistical, anonymised data is shared with NHS Digital
  • Independent Best Interest Assessors and Mental Health Assessors
  • Representatives who act on your behalf will should you lack the capacity to make decisions regarding your care.  Including but not limited to:
    • Independent Mental Capacity Advocate (IMCA);
    • Those with Lasting Power of Attorney
    • Court Appointed Deputy
    • Nominated representative/nearest family member
    • Other family members who have an interest in your mental health and care
    • Court of Protection
  • Conwy Safeguarding services
  • Appropriate adult/children’s social care team(s)
  • Other Conwy County Borough Council services as appropriate including Legal Services

We do have specific data sharing agreements in place with local agencies and sometimes the law requires that we may have to pass your details on to a third party, for example, to prevent crime.

Information will only ever be shared when it is strictly necessary to help us provide effective services and you may have the right to refuse. We will not pass it onto any other parties unless required to do so by law or in all reasonable circumstances the disclosure is fair and warranted for the purposes of processing or subject to a legal data protection exemption.

How long we will hold your information

Information related to those Sectioned under the Mental Health Act 1983:  20 years from no further treatment required then summary information kept for 10 years OR 8 years from the person’s death if the case is already closed

Information related to those not sectioned under the Mental Health Act 1983: 10 years from when care was no longer being received or 2 years form the person’s death if the case was already closed

Please note: stated retention periods may be subject to any legal holds imposed under the Inquiries Act 2005 that may concern the information and override standard retention.

Your information rights

You are entitled to a copy of, or a description of, the personal data we hold that relates to you, subject to lawful restrictions. Please see How to access your Social Services records for how to request this using the form.

You may be entitled to rectification and restriction (where related to rectification) of your personal information depending on the service and legal basis. Please in the first instance contact the Subject Access Team using the email subjectaccess@conwy.gov.uk   or by phone to 01492 575803

See our overall privacy notice at www.conwy.gov.uk/privacynotices for further contact details and if you have a complaint about your information rights.

 

Commissioned Adult Social Care Services Privacy Notice

The following privacy notice applies to commissioned adult social care services delivered by private / third sector partners for and on behalf of Conwy County Borough Council. It should be read in addition to the council’s overall Customer Privacy Notice.

The privacy notice will cover:

  • Purpose for processing
  • Personal information collected and lawful basis
  • Who we may share your information with
  • How long we will hold your information
  • Your information rights

Purpose for processing

The services process personal information in order to:

  • Enter into contracts with adult social care providers
  • Provide adult social care providers with advice, guidance and training in order to improve social care provision and quality of care
  • Financial administration of social care provider contracts and provider training bursaries
  • Provide Safe Scheme and Safe & Well checks

Personal information collected and lawful basis

The services process personal information which include some but is not limited to:

  • Personal details – e.g. name / age / address / school / and family details
  • Contact information – e.g. telephone numbers / email address
  • Personal Reference Numbers – e.g. training provider exam/qualification number National Insurance number, National Minimum Data Set number; Provider Number, Bursary Number, Company House number
  • Employment details
  • Financial details – bank account details especially of sole traders for payment and training bursary/funding purposes
  • Licenses / permits held
  • Records of complaints
  • Visual images,
  • Behaviour – if relevant to a complaint

The legal bases for processing this personal information are:

  • Contract for the supply of services
  • Compliance with a legal obligation
  • Tasks carried out in the public interest or in the exercise of official authority

For the purposes of contracting of social care and support services and providing advice, guidance and training support to service provider.  The services also process some sensitive (special category) information, which may include but is not limited to:

  • Physical or mental health details
  • Offences (including alleged offences), criminal proceedings, outcomes and sentences

The legal bases for processing this sensitive (special category) data are:

  • Explicit consent
  • Personal data made public by data subject
  • Establishment, exercise or defence of legal claims

Who we may share your information with

Occasionally, we may need to share the personal information you have given to us or we’ve collected about you with partner organisations. These include but are not limited to:

  • Social Care training providers
  • Police
  • Skills for Care
  • Clinical Commissioning Groups
  • DBS
  • Conwy County Borough Council’s Legal Department, Procurement, Complaints services
  • Credit check agencies
  • Care Quality Commission

We do have specific data sharing agreements in place with local agencies and sometimes the law requires that we may have to pass your details on to a third party, for example, to prevent crime.

Information will only ever be shared when it is strictly necessary to help us provide effective services and you may have the right to refuse. We will not pass it onto any other parties unless required to do so by law or in all reasonable circumstances the disclosure is fair and warranted for the purposes of processing or subject to a legal data protection exemption.

How long we will hold your information

  • 6 years from ceasing of services to customers for records relating to customers
  • Current financial year plus 6 financial years for social care provider training
  • Contractual information will be kept for 6-12 years after the cessation of the contract

Please note: some stated retention periods will be subject to any legal holds imposed under the Inquiries Act 2005 that may concern the information and override standard retention.

Your information rights

You are entitled to a copy of, or a description of, the personal data we hold that relates to you, subject to lawful restrictions. Please see How to access your Social Services records for how to request this using the form.

You may be entitled to rectification, restriction, objection, and erasure of your personal information depending on the service and legal basis. Please in the first instance contact the Subject Access Team using the email subjectaccess@conwy.gov.uk   or by phone to 01492 575803.  See our overall privacy notice at www.conwy.gov.uk/privacynotices for further contact details and if you have a complaint about your information rights.

The Council is required by law to protect the public funds it administers and so may use any information you have provided for the prevention, detection and investigation of fraud and irregularity, for the performance of a contract, or, task carried out in the public interest, or to comply with a legal obligation. Part 6 of the Local Audit and Accountability Act 2014 and the Accounts and Audit (Wales) Regulations are the Legal basis. 

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