Data Protection Act – Service User Privacy 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:
- Your personal and contact details including your name, address, telephone numbers, emails
- 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
- Financial information including your bank details, invoices
- Emergency contact information including your next of kin
- Sensitive information including protected characteristics under the Equality Act 2010 for Equal Opportunities Monitoring and Compliance
- 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:
Richard Walker, CEO
01226 785 911, Richard.firstname.lastname@example.org
Optimo Care Group (Head Office). Maple House, Maple Estate, Stocks Lane, Barnsley, S75 2BL. 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.
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 Richard Walker using the above contact information.
You have the right to request the information we hold is rectified if it is inaccurate or incomplete. You should contact Richard Walker 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.
You have the right to restrict our processing of your data, where 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.
You have the right to data portability in that 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.
You have the right to object to the following:
- 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 statisticsThe 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.
You have the right to lodge a complaint with a supervisory authority such as the Information Commissioner’s Office or any other of our regulators or accreditors that may regulate or provide accreditations to us from time to time. We advise that you exhaust our internal complaints procedure prior to referring the matter to any supervisory, regulatory or accrediting body. A copy of our complaints process is available from our HR department at info@tlc- homecare.co.uk or email@example.com