Employee carer support privacy notice

First published

27 Aug 2024

Last updated

27 Aug 2024

Employee carer support privacy notice

Find out how Stirling Council uses personal data by checking the Council’s website at the following address:

https://www.stirling.gov.uk/privacy-statement/

Our website contains a Register of Data Processing which lists all the different ways
in which the Council uses personal data.

This Privacy Notice provides more information about just one of those processes.

Who do I contact about my personal information?

The Council has a Data Protection Officer to make sure it is complying with data protection laws.

They can be contacted at:

Data Protection Officer
Stirling Council
Old Viewforth
14-20 Pitt Terrace
Stirling
FK8 2ET

Email: dataprotection@stirling.gov.uk
Telephone: 01786 404040

Why does the Council process personal information?

Carers Policy for staff has been introduced to support employees who provide significant caring responsibilities to a dependant who may be affected by long term illness, disability or addiction and who may be unable to care for themselves, or require regular help or practical support. 

It will enable eligible employees to apply to be a member of the Council’s Carer Support Network. The Carer Support Network will provide members access to key information, advice and peer support from those with similar experience of caring. In addition, employees who register as a carer will also be able to apply for up to five days of paid carer leave, or to apply for unpaid leave of up to 12 weeks to enable them to provide support to the person they care for. 

The type of personal information we collect

The data captured in the application form will include;

  • Name of employee
  • Payroll number of employee

Dependant details within application;

  • Name
  • Nature of support needs provided by carer for dependant (Information received as evidence of carer support may indicate physical or mental medical needs)

Relationship with staff member i.e. father, mother etc.

Living relationship with dependant i.e. do they stay with the staff member

We may also ask for confirmation of your address as part of our consent forms.

What makes it lawful for the Council to process this personal information?

Employee:

UK GDPR Article 6(1)(c) Legal Obligation – Processing is necessary for compliance with a legal obligation to which the controller is subject. Carer Policy allows the Council to meet its statutory obligations under the Equality Act 2010 and associated regulations, and Carers (Scotland) Act 2016

Dependant:

UK GDPR Article 6(1)(a) Consent – the individual has given clear consent for you to process their personal data for a specific purpose. 

UK GDPR Article 9(2)(a) Explicit consent

Where does the Council obtain personal information from?

Information will be supplied by the employee via the carer support application form.  A letter confirming the carer support by a Social Worker, GP or any other applicable support facility stating the dependant is in receipt of care support from the employee. We will also accept a disability allowance award letter.

Where does the Council keep personal information?

Data will be stored in restricted access folders within Stirling Council network drives.  

How long does the Council keep personal information?

Employee’s data will be retained for 7 years after the termination of the contract of employment.

Who does the Council share personal information with?

Information will be shared with the Human Resource Service, Line Managers, Service Managers and Occupational Health. During a pandemic, we may share additional health data, where necessary.

Your rights

You have the following rights under data protection laws. If you have a request under any of these rights, you can make a subject access request.

Access to your information

You have the right to request a copy of the personal information that we hold about you. This is known as a subject access request and is free of charge.  We must respond within one month, although this can be extended to three months if the information is complex.

Correcting your information

We want to make sure that your personal information is accurate, complete and up to date. Therefore you may ask us to correct any personal information about you that you believe does not meet these standards.

Deleting your information

You have the right to ask us to delete personal information about you where:

  • you think that we no longer need to hold the information for the purposes for which it was originally obtained
  • we are using that information with your consent and you have withdrawn your consent - see the 'withdrawing consent to using your information' section below.  Please note that in general we do not rely on consent as the legal basis for processing your personal information
  • you have a genuine objection to our use of your personal information - see 'objecting to how we may use your information' below
  • our use of your personal information is contrary to law or our other legal obligations.

Objecting to how we may use your information

You have the right at any time to tell us to stop using your personal information for direct marketing purposes, profiling or research purposes. 

Restricting how we may use your information 

In some cases, you may ask us to restrict how we use your personal information.  This right might apply, for example, where we are checking the accuracy of personal information that we hold about you or we are assessing the objection you have made to our use of your information. 

This right might also apply if we no longer have a basis for using your personal information - but you don't want us to delete the data.  Where this right is realistically applied will mean that we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.

Withdrawing consent to use your information

Where we use your personal information with your consent, you may withdraw that consent at any time and we will stop using your personal information for the purpose(s) for which consent was given.

Your request to transfer your data

If we are processing your personal information with your consent or as part of a contract with you, and it is held in an accessible and machine-readable format, you have a right to ask us to transmit it to another organisation. This is known as the right to data portability.

Our profiling or automated decision-making processes

We make some use of automated decision-making processes but very little use of profiling.  Where these techniques are used, this will be explained in the specific privacy statements relating to those functions, together with a description of the reason involved in any automated decision-making.

Complaints and comments

If you want to complain about or comment on how we have processed your personal information, you should email dataprotection@stirling.gov.uk

If you are still unhappy with how the council handled your complaint, you can contact the UK Information Commissioner's Office at:

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Phone: 0303 123 1113

You can find further information on the Information Commissioners Office website.

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