SERVICE USER PRIVACY
STATEMENT
About this Statement
This statement is provided with the intention to comply with your right to be informed under the
Data Protection Act, 2018.
We will hold and process the following information:
1. Your personal and contact details including your name, address, telephone numbers, emails
2. Particulars of your service package including your personal care plan containing: your call
information, any health conditions; medication information; risk assessments relating to your
care package; power of attorney; your life, personal and social preferences and internal and
external risk assessments for your property for Health & Safety purposes
3. Financial information including your bank details, invoices
4. Emergency contact information including your next of kin
5. Sensitive information including protected characteristics under the Equality Act 2010 for
Equal Opportunities Monitoring and Compliance
6. Copies of letters and communications between us and you.
We are the controller of this information and we are also the processor of this information. This data
has been gathered as you are party to a service with us and in the legitimate interest of assisting us
in fulfilling the contractual requirements with the Local Authority in order to supply you with care
services. It will also be necessary for us to hold and process this data in the interests of your health,
safety and welfare.
The officer responsible for the protection of your data is:
Ceri Bate, Group Finance Director.
01226 785 911, ceri.bate@optimocare.co.uk
Optimo Care Group (Registered Office). Maple House, Maple Estate, Stocks Lane, Barnsley, S75 2BL.
Data That We Collect And Process
Your data will be used to assign you services and safeguard your health, safety and wellbeing.
This is done on the basis of legal and legitimate interests in order to safeguard your health, safety
and welfare and the health, safety and welfare of our employees that deliver your care. The failure
to provide us with the data may impact upon the care services you receive.
The nature of the domiciliary care industry requires us to share data for legal purposes with
regulatory bodies, police forces and other public service departments, including local authorities, for
the purposes of safeguarding you. We act within a controlled manner consistent with your interests
and in some circumstances public interest. We will also share information and give access to
electronic records regarding your care package with your next of kin or family members at your
request.
We have reviewed all systems that service user data is held on and are assured regarding its security,
integrity and compliance in line with the Data Protection Act, 2018.
It is not anticipated that there will be any other recipients nor any transfers of data to a third country.
Accordingly, it is considered that safeguards for the transfer of data to a third country are not
necessary. Should this change you will be notified.
For adult service users, all information regarding the delivery of your care services including financial
data, will be kept for the duration of your services and for a further period thereafter of 3 years. For
child service users, all information will be retained for a period of 80 years. This period has been set
for the protection of service users and our organisation in the event of any claims.
Your Rights
As part of Data Protection Legislation, you have a number of rights:
Access to Your Data
● You have the right to be informed of fair processing information with a view to transparency
of data. This statement is intended to fulfil that right.
● You have the right to access the information we hold. You should make such a request in
writing to Ceri Bate using the above contact information.
Rectification & Erasure of Your Data
You have the right to request that the information we hold is rectified if it is inaccurate or
incomplete. You should contact Ceri Bate using the above contact information and provide her with
the details of any inaccurate or incomplete data. We will then ensure that this is amended within
one month. We may, in complex cases, extend this period to two months.
You have the right to erasure in the form of deletion or removal of personal data where there is no
compelling reason for its continued processing. We have the right to refuse to erase data where this
is necessary in the right of freedom of expression and information, to comply with a legal obligation
for the performance of a public interest task, exercise of an official authority, for public health
purposes in the public interest, for archiving purposes in the public interest, scientific research,
historical research, statistical purposes or the exercise or defence of legal claims. You will be advised
of the grounds of our refusal should any such request be refused.
Right to Restrict Processing
You have the right to restrict our processing of your data, where a contest of the accuracy of the data
has occurred, until the accuracy is verified. You have the right to restrict our processing of your data
where you object to the processing (where it was necessary for the performance of a public interest
task or purpose of legitimate interests), and we are considering whether our organisation’s legitimate
grounds override your interests. You have the right to restrict our processing of your data when
processing is unlawful and you oppose erasure and request restriction instead. You have the right to
restrict our processing of your data where we no longer need the data and you require the data to
establish, exercise or defend a legal claim. You will be advised when we lift a restriction on
processing.
Right To Data Portability
You may obtain and reuse your data for your own purposes across different services, from one IT
environment to another in a safe and secure way, without hindrance to usability. The exact method
will change from time to time. You will be informed of the mechanism that may be in place should
you choose to exercise this right.
Right To Object
You are entitled to object to us processing your personal data:
● processing based on legitimate interests or the performance of a task in the public
interest/exercise of official authority (including profiling);
● direct marketing (including profiling); and
● processing for purposes of scientific/historical research and statistics
The data collected is not anticipated to fall within the above categories.
Whilst there is no anticipated automated decision making relating to the data you provide, you have
rights where there is automated decision making including profiling. We may only do this where it is
necessary for the entry into or performance of a contract, authorised by EU or the UK law or based
on your explicit consent. Whilst it is not anticipated that this will occur, where it does, we will give
you information about this processing, introduce to you simple ways for you to request human
intervention or challenge a decision, and carry out regular checks to ensure that our systems are
working as intended.
Right to Complain
If you have any concerns about our handling of your personal data, we’d rather you brought it to our
attention initially but you also have the right to lodge a complaint if you believe we have not
processed your personal data legally or in line with GDPR to the ICO (Information Commissioner’s
Office) on 0303 123 1113 or by visiting https://ico.org.uk/concerns/