This care service is committed to being transparent and open about why personal data is required and how this is managed. A copy of this privacy notice can be found on our website.
This privacy notice explains your rights as a person receiving care regarding the data opt-out policy, how data is collected, used, retained and disclosed in line with UK data protection laws. See Data Protection and Compliance with the General Data Protection Regulation (England) Policy.
As part of the services offered, we are required to process personal information or data about you.
“Processing” can mean collecting, recording, organising, storing, sharing or destroying data.
We must have a lawful basis for processing personal data and as a registered care provider, it is essential this is collected, including financial information, to enable us to provide ongoing quality care and support.
Information is contained in individual files, electronic and manual and other record systems which are subject to strict security and authorised access policies.
This data is held because we have a legal obligation to do so, usually under the Health and Social Care Act 2012 or Mental Capacity Act 2005.
We process “special category” data because:
Special category data can be said to be personal data that needs more protection because it is sensitive.
Data may be processed with your consent. If we need to ask for your permission, you will be given a choice and ask that confirmation is provided.
We will also explain clearly to you what we need the data for and how you can withdraw your consent at any point.
We may process the following types of data:
We also record the following data which is classified as “special category”:
Data is retained in line with the Information Governance Alliance’s guidelines.
This is done face-to-face, via telephone, email, our website, by post, application forms and/or apps.
Data is collected from or shared with:
Third parties are organisations we might lawfully share data with, which include other parts of the health and care system such as local hospitals, the GP or other health and care professionals for the person receiving care, the pharmacy, social workers, clinical commissioning groups, the Local Authority and family or friends, with the individual’s permission.
There is a legal obligation to share information with some organisations, such as for safeguarding purposes, the CQC, police or other law enforcement agencies if requested by law or a court order.
Data is retained in line with the Information Governance Alliance’s guidelines
You have the right to refuse/withdraw consent to information sharing at any time. The data kept about you is your data, kept confidential and used appropriately.
Rights regarding personal data:
Identification may be required to support data requests to ensure personal data is not shared inappropriately and requests will be acted on as soon as possible, usually within one month.
As a person receiving care, information collected about you could be provided to other approved organisations, where there is a legal basis to do so, to help plan services, improve care provision and for research into developing new treatments and preventing illness.
Information is only used where allowed by law and never for insurance or marketing purposes without explicit consent. The care service will always seek written permission from you before sharing personal information with anyone else, for purposes other than direct care
However, if you do not want your personal date to be used for planning or research, you can stop this.
The national data opt-out gives everyone the choice to stop health and social care organisations sharing their “confidential patient information” with other organisations where it is used for reasons beyond individual treatment and care, such as research and planning purposes.
The term “confidential patient information” is used as the NHS do and where the opt-out is in force. In this context “confidential patient information” relates to information about people’s health or social care that may identify them.
Adult Social Care providers, in line with your wishes and the national data opt-out, are required to apply national data opt-outs to use or disclose confidential patient information for purposes other than your direct care.
As a care service, we have an obligation to inform you about your right to choose regarding opting out of data sharing and are clear about how and when such a preference has been applied and a record of any decision regarding data opt-out kept.
Most care services do not use or share people’s information beyond direct care and this care service does not share the information of people who use it with any pharmaceutical, medical or other researchers and do not use sensitive information for purposes beyond your care and treatment.
We only share personal information on a “need to know” basis, observing strict protocols when doing so. Most of the data sharing is with other professionals and agencies involved with care and treatment. The only exceptions to this general rule would be where we are required by law to provide information, eg to help with a criminal investigation.
Following completion of data processing checks, if certain national data opt-out do not apply the following clause may be added:
“At this time, we do not share any data for planning or research purposes for which the national data opt-out would apply. We review all of the confidential patient information we process on an annual basis to see if this is used for research and planning purposes. If it is, then individuals can decide to stop their information being shared for this purpose.” (Digital Social Care)
If you are happy with this use of personal information, you do not need to do anything but can change this decision at any time.
If you choose to opt out, your confidential patient information will still be used as necessary to support your individual care delivery.
As national data opt-outs are set or changed by individuals themselves, this must be done by you, or someone legally able to act on your behalf. More details about the wider use of confidential personal information and to register your choice to opt out can be found at: https://digital.nhs.uk/services/national-data-opt-out or by phone: 0300 303 5678.
To opt out by post on behalf of someone who lacks capacity, fill out and print off Manage Another Person’s Choice on Their Behalf, NHS Data Opt-Out by Post. It can only be done by an individual who holds an LPA.
All health and social care CQC-registered organisations in England must be compliant with the national data opt-out by 31 July 2022.
Information is available on request from the manager for people receiving care, next of kin or appointed Lasting Power of Attorney (LPA).
If you have concerns regarding how personal data is processed, The Data Protection Officer can be contacted via: Jaime Parkins
If you feel care services have not complied with requirements regarding your personal data rights, a complaint can be submitted to the Information Commissioner’s Office: Information Commissioner’s Office Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF https://ico.org.uk/global/contact-us/.