Adult social care privacy notice
Who do you keep information about?
We keep information about people who contact us about adult social care support and information about people that other organisations tell us might need adult social care support and to whom we offer a care and support needs assessment.
We also keep information about adults in the Local Authority area subject to a safeguarding investigation (alleged victims and perpetrators).
Why do you keep information about me?
The information we keep helps us to decide how we can support you. We need to keep it so that we can work with you to plan your social care support.
Keeping information is necessary so that we can comply with legal obligations placed upon us and for the purposes of the provision of social care and the management of health or social care systems and services on the basis of UK law that is the Care Act 2014, Mental Health Act 1983 and Mental Capacity Act 2005.
We may also use the information we hold about you for research purposes to improve service delivery. You do not have to take part in any research and if you are selected, we will ask your consent. If you choose to take part, processing of your personal data is considered compatible with the original purpose for which it is collected and therefore consent only relates to participation in the research and not the processing of personal data.
Who can see my information?
We let staff from a number of different parts of the Council use the information if they need it to do their jobs and the law allows them to, this includes adults social workers, finance, complaints and information governance team, contracts and commissioning, legal services, housing and the Emergency Duty Team.
We may also need to share your information with partner agencies including TEWV NHS Trust, CDDFT the Police and service providers including residential and nursing care providers, domiciliary care providers, other private sector providers, day opportunity providers, reablement and rehabilitation providers, voluntary sector providers, direct payment providers, Durham and Darlington Home Improvement Services and other organisations who may support with assessment, personal assistants or as part of a statutory return.
How do you store the information you keep about me?
We use computer systems to store most of the information we have about you in a secure manner. We sometimes have information in paper files too, these are primarily kept in locked filing cabinets, in locked rooms, in building with key fob entry controls.
Is my information transferred to a third country or international organisation?
If you use the Brain in Hand App we will transfer your personal data to the United States of America.
This transfer is done under the EU-US Privacy Shield scheme which became operational on 1 August 2016 after the European Commission [external link] issued its formal decision that the Privacy Shield provides adequate protection to allow personal data to be transferred to the United States.
How long do you keep information about me?
We keep mental health records for 10 years from case closure. We keep all other records for six years from case closure.
There may be times where for technical reasons we are unable to dispose of your information in accordance with the timescale set.
How did the Council get my personal data?
We may receive information from you and your representative, members of the public, Members, the Police, the NHS or the third sector.
Sometimes, we might ask other people to give us information about you.
This might be members of your family, your carers, your GP or anyone else we need to speak to.
This is to help us decide the best way of helping you. We will usually discuss this with you first unless there is a very good reason not to.
Where your personal data was obtained from a source other than yourself or your representative, we will inform you of the origin of the information within 1 month, unless that information is being used to contact you, in which case, that information should be provided to you at the latest, upon first communication with you.
We will not inform you in cases where you already possess the information, where recording or disclosure is expressly laid down in law or where provision of the information proves impossible or would involve disproportionate effort.
What sort of information do you keep?
We may use the following information about you to make sure that we provide you with the right service, advice or support.
- Identification number
- Location data
- One or more factors specific to the physical identity of a natural person
- One or more factors specific to the physiological identity of a natural person
- One or more factors specific to the genetic identity of a person
- One or more factors specific to the mental identity of a person
- One or more factors specific to the economic identity of a person
- One or more factors specific to the cultural identity of a person
- One or more factors specific to the social identity of a person
Special Categories of personal data
- Racial or ethnic origin
- Political Opinions
- Religious or philosophical beliefs
- Genetic data
- Data concerning health
- Data concerning a natural person’s sex life or sexual orientation
We might also ask about your criminal convictions.
This is because we have to keep you, our staff and other people as safe as we can.