Details
- Name of service - Adult Social Care
- Directorate - Adult Social Care
- Date of issue - 13 January 2020
- Date of current version - 9 May 2024
- Review date - 9 May 2026
The reasons why we use your personal data
The Council has a statutory duty to provide social care services and undertake assessments under various pieces of legislation as detailed below. Data protection legislation allows for the collection, storage and processing of data for the purpose of meeting these statutory responsibilities and performing this Public Task.
In addition, we may lawfully process special category data such as racial or ethnic origin, or information regarding a person's sexual orientation for the provision of social care or the management of social care systems and services in line with our statutory responsibilities.
What processing of personal data is undertaken by the specific teams or services
We use this data to:
- Understand any needs you may have for personal care and support, as an individual or because you look after someone in a caring capacity
- Provide you with information, advice and assist you with linking to other organisations that may be able to support you
- Provide you with services or arrange for others to do so on our behalf
- Investigate if you or others are at risk of abuse and take appropriate action (Safeguarding)
What information do we collect?
The amount of information we collect will vary depending on your situation and the way we are supporting you. We collect most of this information from you but may also get information from other health and social care providers where we are working collectively on your behalf. It is also possible for the Police or friends, carers and family to provide us with some more information from time to time. The information we hold may include:
- Your name, date of birth, gender, ethnicity, religion, nationality, sexual orientation, employment status, address, NHS number, contact telephone numbers and details of your family, next of kin and any carers.
- Details of any professionals involved in your care including your GP, CPN, or other professionals.
- Details of your medical conditions, including your physical and mental health and mental capacity, hospital admissions and discharge information
- Details of your current and past support needs
- Details of other people supporting you, such as a power of attorney, deputy, advocate.
How we are allowed to use your personal data
We collect and use your personal data that is relevant to helping us to meet our legal obligations under various pieces of legislation including but not limited to the Care Act 2014, the Mental Capacity Act 2005, the Mental Health Act 1983 (as amended by the 2007 Act).
In addition, the Health and Social Care (Safety and Quality) Act 2015 gives us the legal permission to only share relevant information with other health and social care providers without your consent for the provision of direct care. This will include, for example, linking in with your GP, hospitals and providers of social care in the private and voluntary sector to try and ensure everyone is aware of and meeting your needs.
As part of this the offices we work in may be co-located with partners to help us better plan support services. This may include, for example, NHS staff and providers of care and support services for service users and carers.
All agencies we share with have a legal responsibility to keep this information confidential and safe, however if you are in any way unhappy or concerned and would like further information on sharing between professionals for care purposes, please contact the Adults Information Governance team at adults.infogov@surreycc.gov.uk
Under Article 9 of the General Data Protection Regulation 2016/679 our lawful reason for processing your sensitive personal data is for health or social care or where it is substantially in the public interest.
Other information
How is data used for reasons other than care
We use data for research and analysis and produce reports which contain information to help us improve and plan future care services. This data is used to identify where our services need to change, improve or expand in order to effectively support our service users and ensure funding is appropriately managed between organisations and pseudonymisation and anonymisation is used in these circumstances
Surrey County Council and Surrey Heartlands CCG have established Integrated Commissioning Teams so that we can jointly commission health and social care services. The Council and the CCG are joint controllers of the data we use for these purposes.
Who we share your personal data with
Whilst we always prioritise and respect the privacy of everyone involved with our services there may be times under the law, when we must share information outside of a direct care purpose. This will include:
- If there is a concern you are putting yourself, or another person (or child) at risk of serious harm (Safeguarding)
- Where we have been instructed to do so by the Court or as part of the investigation of a serious crime
National Data Opt Out
The national data opt-out was introduced on 25 May 2018, enabling patients to opt out from the use of their data for research or planning purposes.
Patients can view or change their national data opt-out choice at any time by using the online service at NHS – Your NHS data matters.
Compliance with the national data opt-out is mandatory for the Health and Social Care Sector from March 2020.
Consent
We will not share your information with your friends and family unless you give us permission to do so.
Automated decision making (when computers make any decisions about you)
We do not use automated decision making.
Personal data being sent or processed outside of the UK and EU
We do not send or process data outside of the UK and EU.
Retention of data
We keep your information based on legal and best practice requirements. You can access our records retention policy online
Other information
For further information on our privacy notices, please see information and privacy.