Privacy Notice - Adult Social Care and Health

Stockton-on-Tees Borough Council is a registered data controller and we collect and use information personal to you in accordance with data protection legislation.

This document outlines what you can expect from us when you provide us with your personal information.

Why are we asking for your information and how will we use the information about you?

Stockton-on-Tees Borough Council Adult Social Care and Health will work with you to promote your health and wellbeing, designing services together that both suit you and meet your needs.

We use your personal information to:

• create a secure and comprehensive record of all of the work that we do with and for you
• fully understand your needs
• arrange short/long term care solutions
• liaise with agencies, companies and charities on your behalf
• keep you safe from harm
• request and arrange installation of specialist equipment for you
• assess your financial contribution to your care
• work with you or your representative to create a Care and Support Plan
• analyse the service that we are providing

We will ensure that we have a lawful basis to collect your personal information and use it to deliver our services to you. When we collect your personal data, we may rely on the following legal bases:

• 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
• processing is necessary for compliance with a legal obligation to which the controller is subject

When we collect 'special categories of personal data', (such as health, race, ethnicity, sexual orientation etc.) we may rely on the following legal bases:

• processing is necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent
• processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services

If 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, inline with legislation and will work transparently with you at all times.

Social Care and NHS Data

We have processes in place for considering requests for data processing and disclosures for purposes beyond direct social care which is consistent with the NHS national data opt-out policy.

To find out more about the NHS data opt-out policy which includes the use of social care data, and to register your choice to opt-out if you do not want your data to be used in this way, visit the NHS data matters website. If you do choose to opt-out you can still consent to your data being used for specific purposes, these are explained further on the NHS website.

Who will use your information?

In some instances, we may share your information with other services within the Council as part of service delivery or because we are legally required to do so.

The sharing of information facilitates a joined-up approach with partner agencies, to provide you with the best possible care and support. We may share your information with, but not limited to, the following:

• advocates, deputies, legal power of attorney
• borough councils, housing associations and landlords
• cabinet members
• Care Quality Commission (CQC)
• central government
• county councillors
• Department for Work and Pensions (DWP)
• external providers
• family members and carers
• internal teams, such as case management and finance
• Teeswide Safeguarding Adults Board
• legal representatives, such as solicitors
• local government and social care ombudsman
• MPs
• 'Nearest Relative'
• NHS providers, such as GPs and hospitals
• other professionals

Prevent Strategy

The Counter Terrorism and Security Act 2015 places a duty on local government, criminal justice, education, child care, health and social care and the police to all to have due regard to the need to prevent people from being drawn into terrorism. Prevent is part of the Government's Counter Terrorism Strategy known as CONTEST. The aim of CONTEST is to reduce the risk to the UK and its interests overseas from terrorism. If the Council is notified that a Prevent referral has been made about an individual in the borough, they may need to share personal information to ensure, for example, that a person at risk of radicalisation is given appropriate support (for example on the Channel programme). Information sharing will be assessed on a case-by-case basis and is governed by legislation. For more information on the Prevent strategy go to our  Prevent webpage.

If you would like further information about who your information is shared with, please email foiandcomplaints@stockton.gov.uk. 

What personal information do we hold about you?

Other organisations may share your personal information with us for the purpose of service delivery or because they are legally required to do so. In the course of delivering the above services we may collect the following personal information from you:

• 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 e.g. to help inform an Occupational Therapy assessment

We may also hold what is known as special category data which would include information relating to race or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data and health data.

How long will we keep your personal information for?

Your information will be held in accordance with the Stockton-on-Tees Borough Council Retention Schedule.

Access to your information and correction

You have the right to request the following in relation to the personal information we hold. Subject to some legal exceptions, you have the right:

• to request a copy of the information the Council holds about you
• to have any inaccuracies corrected
• to have your personal data erased
• to place a restriction on our processing of your data
• to object to processing; and
• to request your data to be ported (data portability)

If you would to like to exercise any of the rights outlined above please email foiandcomplaints@stockton.gov.uk. 

What happens if I don't provide you with my personal information?

If you do not provide us with the personal information we have requested, it may not be possible to deliver our services to you. For more information about how this might affect you, please email foiandcomplaints@stockton.gov.uk. 

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. 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 breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to contact us

Stockton-on-Tees Borough Council's Data Protection Officer is Martin Skipsey.

If something goes wrong with your personal information or if you have any questions about how we use it contact the Information Governance team in the first instance:

• email: foiandcomplaints@stockton.gov.uk
• phone: 01642 527521

If you remain unhappy about the way in which we have handled your personal information and wish to complain, you can contact the Information Commissioner's Office or by using the following details:

Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Telephone: 0303 123 1113 (local rate) or 01625 545 745

Fax: 01625 524 510