Privacy Notices - Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) Privacy Notice
This Privacy Notice is designed to help you understand how and why the Swindon Borough Council Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) Team processes your personal data. We are committed to being transparent about how we collect and use that data and meeting our data protection obligations.
- 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 via email: firstname.lastname@example.org
or in writing to:
Data Protection Officer
- 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?
The DoLS Team routinely collect data about you within the context of conducting statutory work for SBC under the DoLS legal framework.
This is supported by paragraph 131 of Schedule A1 of the Mental Capacity Act 2005 which details that assessors may, at all reasonable times, examine and take copies of any health record, any record of, or held by, a local authority and compiled in accordance with a social services function, and any record held by a person registered under Part 2 of the Care Standards Act 2000 which the assessor considers may be relevant to the assessment which is being carried out.
Personal data we collect may include:
- name, address, date of birth and contact details
- relevant Social Care and NHS information
- background information; including family composition, family history, relationships information, lifestyle information and social circumstances
- your past and current views/wishes, including anyone who has the legal authority to act on your behalf
- personal referees from those close to and caring for you, as per paragraph 4.65 of the DoLS Code Of Practice
- risk information
- financial information
- visual images, personal appearance and behaviour
The DoLS Team will also collect certain ‘Special Category’ information such as:
- hysical and/or Mental Health details, including relevant Mental Health Act information
- racial or ethnic origin
- religious or philosophical beliefs
- health related assessed needs and support outcomes
- sexual orientation
- criminal proceedings, including presence on legal registers, outcomes and sentences
- How do we process your personal data?
We comply with our 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?
Swindon Borough Council, as the Supervisory Body under the DoLS legal framework, have a responsibility to ensure that they consider the circumstances of individuals referred to the DoLS Team to determine if a deprivation of liberty is occurring and if so ensure the appropriate safeguards are authorised to protect their rights and freedoms.
Without your data we would not be able to assess your needs under the DoLS legal framework. This may also assist to inform others regarding your individual social or health care needs.
Therefore, we require your personal data for:
- protection of your Human Rights
- service Delivery
- service Planning/Improvement
- research (using anonymised data only unless we specifically request your consent to use identifiable personal data)
- quality assurance processes
- How the law allows us to use your information?
There are a number of legal, legitimate or lawful reasons why we need to collect and use your personal information.
- It is necessary to perform our statutory duties
- It is necessary to protect someone
- It is required by law
- It is necessary to deliver health or social care services
- You, or your legal representative, have given consent
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 and tell us which service you are using so we can deal with your request.
- Who do we share your information with?
In order to deliver the best possible service for you, the DoLS Team will often need to disclose your personal data to other organisations.
This could include, but not necessarily limited to:
- a nominated representative
- advocacy services
- other Swindon Borough Council teams/services, including Adult Social Care, Commissioning, Safeguarding, Homeline
- those actively involved in the DoLS process, including family and friends who have been consulted, as per paragraph 5.7 of the DoLS Code of Practice
- HM Courts and relevant solicitors/lawyers/barristers
- NHS Agencies, including GPs, hospitals, ambulance, mental health services, and other health providers
- domiciliary care, residential/nursing care, and day care providers
- local and central government agencies (such as the Department of Health)
- substance misuse agencies
- direct payment support services
- housing associations
- How do we protect your information?
We will do what we can to make sure we hold records about you (on paper and electronically) in a secure way, and we will only make them available to those who have a right to see them.
Examples of our security include:
- encryption, meaning that information is hidden so that it cannot be read without special knowledge (such as a password). This is done with a secret code, or what is called a 'cypher'. The hidden information is said to then be 'encrypted'.
- ontroclling access to systems and networks allows us to stop people who are not allowed to view your personal information from getting access to it
- training for our staff allows us to make them aware of how to handle information and how and when to report when something goes wrong
- regular testing of our technology and ways of working including keeping up to date on the latest security updates (commonly called patches)
- How long do we keep your personal information?
The DoLS Team have to retain all information from the last point of contact with you for 20 years.
- What you can do with your information?
Under the Data Protection Act 2018 and the EU General Data Protection Regulations you have the following rights:
- The right of access to you own personal data
- The right to request rectification or deletion of your personal data
- The right to object to the processing of your personal data
- The right to request a copy of the information you provide us in machine-readable format
- The right to withdraw your consent to any processing that is solely reliant upon your consent
Should you wish to exercise any of your rights, you should contact the Data Protection Officer.
- 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 complaints 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
This website also contains information on data protection and your rights and remedies.
- 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 MCA/DoLS summary.