Health & Social Care Partnership Community Care Services privacy notice

Read the privacy notice for Health & Social Care Partnership Community Care Services

When you are referred to Community Care services in South Ayrshire including Learning Disability, Sensory Impairment, Mental Health or Older Peoples Services you will need to provide us with some personal data or information.

As the 'data controller' for the personal information - or data - we hold about you, South Ayrshire Council decides how your personal information is used/ processed, and what it is used for.

This statement provides more details about this and provides information on how to get in touch with us if you need to know more.

Your personal data - what is it?

Personal data is information relating to a living person who can be identified from that data. Identification can be based on the information alone, or in conjunction with any other information. The processing of personal data is governed by the UK General Data Protection Regulation (UK GDPR) and supplemented by the Data Protection Act 2018.

What Personal Data have we obtained?

The type of personal data we need to collect from you will depend on the service you are receiving from us, but we will only collect the personal information we need to
provide you with relevant information, services and support. The personal data we collect can include:

Name
Date of birth
Address
Telephone number
Email
Gender
Marital Status
National Insurance number
CHI number (Community Health Index)
Financial Information (e.g. bank account details, benefits in payment and any other form of income)
Housing tenure
Any risks you may have pertaining to you and your environment

We may need further special category (sensitive) personal data:

Ethnicity
Religious or philosophical beliefs
Disability
Heath conditions (including medication)
Sexual orientation

And criminal convictions:

Any proceedings for any committed or alleged committed offence(s)

How will we use your information?

All personal information is processed by our Adult Services staff. We will only collect the personal data we need in order to provide you with the support and service required. We will also use this information to contact you and to uphold our duty to protect vulnerable adults.

What is the legal basis for using/sharing your information?

The legal basis is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller as per Article 6(1) (e) of the GDPR, and the task or function has a clear basis in law. The main laws relating to Learning, Disability and Sensory Impairment, Mental Health or Older Peoples' Adult Services are:

Social Work (Scotland) Act 1968
The Carers (Scotland) Act 2016
Community Care and Health (Scotland) Act 2002
Mental Health (Care and Treatment) (Scotland) Act 2003
Adult Support and Protection (Scotland) Act 2007

Special category data and criminal convictions

Where we process special categories of personal information about you, the processing is necessary for the purposes of carrying out obligations and exercising specific rights of the controller or of the data subject in the field of social protection law as set out in Article 9(2) (h) of the GDPR and meets a condition in Part 1 of Schedule 1 of the Data Protection Act 2018.

Who will we share your information with?

Depending on the service we are providing you with this may include:

Housing Service Providers
South Ayrshire Health and Social Care Partnership
NHS Ayrshire & Arran (including your GP)
Department of Works and Pensions
Care Provider(s)
South Ayrshire Council (e.g. Occupational Therapy, Disability Resource Centre, Care at Home, Customer Services, Legal Services, Environmental Health)
South Ayrshire Drug and Alcohol Partnership
Scottish Fire and Rescue
Police Scotland
Scottish Government
Health & Safety Executive
Allied Health Professionals
The Care Inspectorate
Other Local Authorities (where relevant)
Your local pharmacy

Social Care often involves multi-agency support. There are many other agencies with whom we routinely share your data in order to support you. We are legally obliged to safeguard public funds and will verify and check your details internally for fraud prevention. We may share this information with other public bodies (and also receive information from these other bodies) for fraud checking purposes. We are also legally obliged to share certain data with other public bodies, such as HMRC and Social Security Scotland and will do so where the law requires this. We will generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate. Your information is also analysed internally and with relevant multi-agency partners to help us improve our services.

In addition to the above, information may be shared with the Prevent Multi-Agency Panel (PMAP) and with any other body necessary to support the functions of the PMAP.

How long do we keep hold of your information?

We keep your personal data for no longer than reasonably necessary. We will retain your personal data in line with our corporate records retention schedule as follows:

When we collect your personal data	How long will we be hold onto it
Your case file when you are an adult service user with physical disabilities	Currentyear+ 5 years or Currentyear+ 3 years (following date of death)
Your case file when you are an adult service user with learning difficulties and statutory measures are taken Your case file when you are an adult service user with learning difficulties and statutory measures are not taken	Currentyear+ 10 years Currentyear+ 5 years (following date of death) Currentyear+ 5 years Currentyear+ 3 years (following date of death)
Your case file when you are an adult service user with mental health problems when statutory measures are taken Your case file when you are an adult service user with mental health problems when statutory measures are not taken	Current+ 10 years Currentyear+ 5 years (following date of death) Current+ 5 years or Current + 3 years (following date of death)
Your case file when you have received a service from the Occupational Therapy Team	Current+ 5 years or Current + 3 years (following date of death)
CareServices(including,ResidentialhomesHome care and housing support services)	Current+ 5 years or Current + 3 years (following date of death)
Our statutory registers of Adult Social Work Service users, including if you have learning difficulties, mental health problems or physical disabilities	Current+ 100 years

What are your rights?

The lawful basis for processing/using your personal data directly impacts which rights are available to you. For example, some rights will not apply, in this case we
are not required to:

erase your personal information.
enable the right to data portability

However, you do have the following rights and can ask us to:

correct your personal information if it is inaccurate;
complete your personal information if it is incomplete;
restrict the processing of your personal information in certain circumstances

You also have the right to object to the processing of your personal information.

What about Automated Decision- Making?

Our services does not use automatic decision making.

Do you require this statement in a different format?

Please contact us if you require this information in an alternative format.

How can you get in touch with us?

If you wish to obtain any records held by the Council relating to you, or if you have any general data protection queries, please contact the Council's Data Protection
Service at:

Data Protection Officer
South Ayrshire Council
County Buildings
Wellington Square
Ayr
KA7 1DR

Email: DataProtection@south-ayrshire.gov.uk
Telephone: 01292 612 223

Are you dissatisfied with the way your Personal Information has been handled?

If you are unhappy with the way we have dealt with your personal information, you can complain to the Council's Data Protection Officer using the contact details noted
above.

If you remain dissatisfied after contacting us, you have the right to complain to the Information Commissioner (https://ico.org.uk/for-the-public/):

Information Commissioner's Office - Scotland
Queen Elizabeth House
Sibbald Walk
Edinburgh
EH8 8FT
Email: Scotland@ico.org.uk
Telephone: 0303 123 1115