Privacy Notices - COVID Vaccination Evidence Scheme Privacy Notice

Introduction

You need to be aware of this Privacy Notice if you are providing evidence of Coronavirus (COVID-19) Vaccination to work or be deployed in a Care Home under The Health and Social Care Act 2008 (regulated Activities) (Amendment) (Coronavirus) Regulations 2021.

The regulations require that all CQC-registered service providers (or registered managers) of accommodation for those who require nursing or personal care in a care home must ensure that a person does not enter the care home unless they meet various conditions, including in some cases that they have been vaccinated with a complete course of an authorised vaccine.

In order to enter a care home, individuals must be able to demonstrate that they have received a complete course of their COVID-19 vaccination, unless exemptions apply. Swindon Borough Council needs to record evidence of your vaccination to demonstrate compliance with this legal requirement.

Further information regarding this requirement can be found on the government website here.

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 the Data Protection Act 2018 (DPA 18) and the UK General Data Protection Regulations. (GDPR).

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 “UK GDPR”).

What personal data do we collect?

Data will be collected and held on a spreadsheet. Data will include Name, Job title and Care home manager confirmation to say they have seen evidence of vaccine or exception.

How do we process your personal data?

We comply with our obligations under the UK 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?

The Council needs to satisfy ourselves of the identity of the person entering the care home and their proof of vaccination to comply with legalisation and the safety of others. We also need to record these checks have been done and the outcomes of these checks. We need this to be able to demonstrate compliance with legislative requirements. Due to vaccinations being yearly  our care homes will need to review their data and ask for proof of vaccination annually.  

How the law allows us to use your information?

The Health and Social Care Act 2008 (regulated Activities) (Amendment) (Coronavirus) Regulations 2021 and CQC requires us to collect this information from you and use it to manage access to Care Homes.

We collect and use this information under Article 6 (lawful processing), and Article 9 (special categories of data), of UK GDPR 2018:

Article 6 of UK GDPR:

Public task: the processing is necessary for the local authority to perform a task in the public interest or for official functions, and the task or function has a clear basis in law.

We will be processing information about your health, including your vaccination status. Our basis for processing this information is Article 9(2)h: processing is necessary for the purposes o the provision of health or social care or treatment or the management of health or social care systems and services).

Who do we share your information with?

We will not share this information with third parties, unless this is required by law. Our care homes are governed by CQC who inspect our services, CQC will require us evidence that we are following the law that will be implemented from 11th November 2021.

How do we protect your information?

We will maintain the reliability, accuracy, completeness and currency of personal data in our databases and to protect the privacy and security of our databases. We keep your personal data only for as long as reasonably necessary for the purposes for which it was collected.

Our servers and databases are protected by industry standard security technology.

The employees who have access to personal data have been trained to handle such data properly and in accordance with latest regulation.

How long do we keep your personal information?

Our care homes are governed under CQC who so all data will be stored up to 7 years.

What you can do with your information?

Unless subject to an exemption under UK GDPR you have the following rights with respect to your personal data:

  • The right to request a copy of your personal data which Swindon Borough Council holds about you
  • The right to request that Swindon Borough Council corrects any personal data if it is found to be inaccurate or out of date
  • The right to request your personal data is erased where it is no longer necessary for Swindon Borough Council to retain such data
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing
  • The right to object to the processing of personal data
  • The right to lodge a complaint with the Information Commissioners Office

For further details on how your information is used, how we maintain the security of your information, and your rights to access information we hold on you please contact customerservices@swindon.gov.uk or contact the Data Protection Officer at:

Swindon Borough Council
Civic Offices
Euclid Street
Swindon
SN1 2JH
 

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 during the application process. However, if you do not provide the data, then you will be refused entry into our care homes.

How will we ensure compliance?

Through management review of processes.

Main privacy notice

You are viewing the Privacy Notice for the COVID Vaccination Evidence Scheme. 

You can also read the main Adult Social Care Privacy Notice or read the main Privacy Notice.