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Privacy Notices - Mental Capacity Act (MCA)/Deprivation of Liberty Safeguards (DoLS) Privacy Notice

Introduction

This notice explains what personal data (information) Swindon MCA/DoLS Team hold about you, how we collect, how we use and how we may share information about you.  We are required to give you this information under data protection law.

The MCA/DoLS team manages a process called Deprivation of Liberty Safeguards which ensure that people who cannot consent to their care arrangements in a registered care home or hospital are protected if those arrangements deprive them of their liberty. Arrangements are assessed to check they are necessary and in the person’s best interests. Representation and the right to challenge a deprivation are other safeguards that are part of DoLS

What is a Privacy Notice?

A Privacy Notice is a statement issued by an organisation which explains how personal and confidential data about individuals is collected, used and shared.

Who is collecting and using your personal data?

Swindon Borough Council will act as a “Data Controller” for any personal data that you provide to us.  We will ensure that the data given to us is processed in line with our Data Protection Act 2018 (DPA 18) and the EU General Data Protection Regulations. (GDPR)

To find out more about Swindon Borough Council’s data protection policies please contact our Data Protection Officer on dataprotection@swindon.gov.uk  or in writing to Data Protection Officer, Civic Offices, Euclid Street, Swindon, Wiltshire SN1 2JH.

Please note that if you do not provide your data, it will limit the effectiveness of the services and support that we are able to offer you.

Your personal data – what is it?

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of data is governed by the General Data Protection Regulation 2016/679 (the “GDPR”).

What personal data do we collect?

In the course of working with you (or with professionals from other agencies who also work with you), we may collect the following personal information when you or professionals provide it to us.

Personal data

  • Personal information eg: your name, address, telephone number, date of birth
  • Contact details for members of your family and support network
  • Information relating specifically to your individual case

Special categories of personal data

  • Information about your racial or ethnic origin, religious or philosophical belief and your sexual orientation
  • Information about health conditions or disabilities that may apply to you
  • Information about you and your circumstances
  • Information about relevant health and safety concerns
  • Information about your needs and wishes
How do we process your personal data?

Swindon Borough Council complies with its obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

Why do we need your personal information?

We use your personal information to:

  • create a secure and comprehensive record of all of the work that we do with and for you
  • fully understand your needs
  • promote your health and wellbeing in partnership where applicable with the Great Western Hospitals Trust, Avon and Wiltshire Mental Health Partnership
  • liaise with agencies, companies and charities on your behalf
  • endeavour to keep you safe from harm
  • process complaints and compliments regarding the services we have provided
  • work with you and where appropriate with your family and friends in carrying out the deprivation of liberty safeguards process
  • analyse the service that we are providing through statistical reports output by our computer systems
How the law allows us to use your information?

When we collect your personal data, we rely on the following legal bases:

  • 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 controller
  • processing is necessary for compliance with a legal obligation to which the controller is subject

When we collect your ‘special categories of personal data’, (such as health, race, ethnicity, sexual orientation) we rely on the following legal bases:

  • processing is necessary for reasons of substantial public interest (safeguarding of children and of individuals at risk)
  • processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services

These legal bases are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities, including:

  • The Care Act 2014
  • Health and Social Care Act 2015
  • Children’s Act 1989
  • Localism Act 2011
  • Data Protection Act 2018
  • Human Rights Act 1998
  • Mental Health Act 1983 (Amended 2007)
  • Mental Capacity Act 2005
  • Mental Capacity Act Schedule A1 Deprivation of Liberty Safeguards 2007
  • Homelessness Reduction Act 2017

As we have a statutory basis for collecting your personal data, we do not need to ask for your permission to collect and share it, however we will only ever share your data on a basis of need, in line with legislation and will work transparently with you at all times.

If you do not provide your data, it will limit the effectiveness of the services and support that we are able to offer you.

NHS and care services

To find out more about the NHS’ wider use of confidential personal information and to register your choice to opt out if you do not want your data to be used in this way, visit the NHS website www.nhs.uk . If you do choose to opt out you can still consent to your data being used for specific purposes.

If we have consent to use your personal information, you have the right to remove it at any time. If you want to remove your consent, contact DataProtection@Swindon.gov.uk

 

Who do we share your information with?

Deprivation of Liberty Safeguards is a statutory service and in the course of administering this, we share information securely as required in MCA Schedule A1 Deprivation of Liberty Safeguards 2007. This sets out who should contribute and receive information about you and will include the registered setting where you are residing; the Best Interests Assessor and Mental Health assessor who undertake DoLS assessment with you; health & social care professionals involved in your care and treatment; any family, friends and unpaid carers interested in your welfare.

In the course of the process, we may collect information from, or share it, with some third parties, for instance health services, for example, your GP, but only if there is a need to do so. Should there be any legal intervention in the Court of Protection, information about you may be submitted to the court and we may receive documentation from the court which we will retain securely.

How do we protect your information?

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Requesting access to your personal data

Under Data Protection legislation, you have the right to request access to information we hold about you. To make a request for your personal information, please contact our Data Protection Officer by e-mailing DataProtection@swindon.gov.uk  Telephone: 01793 445500

You also have the right to:

  • object to processing of personal data that is likely to cause, or is causing, damage or distress
  • prevent processing for the purpose of direct marketing
  • object to decisions being taken by automated means
  • in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed, and
  • claim compensation for damages caused by a breach of the Data Protection regulations

If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office.

How long do we keep your personal information?

Deprivation of Liberty Safeguards records will be retained for no longer than 20 years from the last involvement with Adult Social Care before being securely destroyed.

What you can do with your information?

Under GDPR you have rights which you can exercise free of charge which allow you to:

  • know what we are doing with your information and why we are doing it
  • ask to see what information we hold about you (subject access request)
  • ask us to correct any mistakes in the information we hold about you
  • object to direct marketing
  • make a complaint to the Information Commissioner's Office

Depending on our reason for using your information you may also be entitled to:

  • ask us to delete information we hold about you
  • have your information transferred electronically to yourself or to another organisation
  • object to decisions being made that significantly affect you
  • object to how we are using your information
  • stop us using your information in certain ways

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under GDPR on the ICO Website www.ico.org.uk

Your right to complain

In the event that you wish to complain about the way that your personal data has been handled by Swindon Borough Council, you should write to the Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with our customer complaint procedure.

If you remain dissatisfied with the way your personal data has been handled, you have the right to complain to the Information Commissioner’s Office at www.ICO.org.uk . You may refer the matter to the Information Commissioner’s Office whose contact details are below:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: casework@ico.org.uk

This website also contains information on data protection and your rights and remedies.

What if you do not provide personal data?

You are under no statutory obligation to provide personal data to Swindon Borough Council. However, if you do not provide your data, it will limit the effectiveness of the services and support that we are able to offer you.

How will we ensure compliance?

A yearly audit will take place on personal data to ensure that we remain legally compliant in accordance with current data protection legislation.

Main privacy notice

You are viewing the Privacy Notice for Mental Capacity Act (MCA)/Deprivation of Liberty Safeguards (DoLS).

Read the main Privacy Notice