Catering - Specific Diet privacy notice

When you request a specific diet from Catering Services for your child you will need to provide us with some personal information. 

The Specific Diet Request Form is available via this link https://www.south-ayrshire.gov.uk/article/24679/Special-diets-and-allergens-information.   If you do not have access to the internet, access to this form can also be facilitated by your child's school.  The information provided on this form will be used to assess provision of a specific diet for your child to ensure an appropriate diet is provided and will assist catering staff to prepare and serve appropriate food that is compliant with your child's dietary requirements.  

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 will we collect from you?

We will only collect the personal information we need to provide you with relevant information, services and support. The personal data we will collect includes: 

A photograph of your child will be required to allow staff, when they are providing the dietary requirements for your child, to be able to confirm your child's identity and needs using their photographic image

How will we use your information?

Our Catering Services aim to improve food and nutrition in our schools to strengthen pupil's health and wellbeing and raise standards of learning and attainment for our pupils.  As part of this service, where possible, we cater for pupils with specific dietary requirements.  Where a child has specific dietary requirement, as parents/guardians, you will be required to complete our Specific Diet Request Form. 

Photographs are required of pupils when a specific diet application is made.  These photographs will be included in the action plan and displayed in the school kitchen where only catering staff can view them for their reference, in order to safeguard the privacy of the children. 

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

Under Article 6(1) (e) of the UK GDPR, the 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 data controller.  The primary legislation relating to the administration of school meals are the Education (Scotland) Act 1980 and the Nutritional Requirements for Food & Drink in Schools (Scotland) Regulations 2020.

Special category data

For some activities, we also need to process more sensitive personal information about you known as special category data, for example health information. Processing is necessary for reasons of substantial public interest as set out in Article 9(2) (g) of the UK GDPR and meets a condition in Part 2 of Schedule 1 of the Data Protection Act 2018, i.e, we need to collect this health information about your child to allow us to provide a tailored dietary service.

Who will we share your information with?

Where necessary, we will share information relevant to your child's specific dietary requirements with senior staff within their school to ensure they can fully support the dietary requirements and health and wellbeing of your child.

The Council takes our duty to protect children very seriously, while we will not normally share your child's data with any third party, in the event of an emergency we may need to share their personal and health data with the NHS Emergency Services (e.g. in the event of an allergic reaction requiring emergency treatment while your child is at school).

How long do we keep hold of your information?

We keep your personal data for no longer than reasonably necessary. Your information will be retained in line with our Corporate Records Retention Schedule as follows:

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, if we are processing your data under public task (Article 6(1) (e)) we are not required to:

• erase your personal information
• enable the right of 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 and the right to access your personal information.

What are the consequences of failing to provide personal information?

If you fail to provide the required information, we will be unable to assess your child for the provision of a specific diet which would result in the Council being unable to provide you with the statutory service you are requesting.

What about Automated Decision- Making?

The Council does not use profiling or automated decision-making. Some processes are semi-automated (such as data matching for the prevention or detection of fraud), but an actual person will always be involved before any decision is reached affecting any individual.

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