Commissioning of care services for individuals 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.

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

Stirling Council has a duty to provide care services for individuals who are assessed by Social Services as requiring them. This can include Short Breaks/ Respite, Care at Home or Residential Care as well as specific one off requirements such as Parental Assessment. 

The Planning & Commissioning team processes data in order to contract with external Care Providers for the services identified in the individual’s care plan. The contract includes the agreed cost of services, duration of service, type of service and location of service purchased.

The data is about Stirling Council members of the public who are in receipt of a Social Services care package. This includes Children, Adults and Older People.

Personal Data

• Name
• Address
• Date of Birth 
• Care Requirements

“Special Category” Data

• Health (Physical or Mental – Possible depending on contract type
• Sexual Life – Possible, if contract includes support for issues in this area.
• Data relating to criminal convictions and offences can occasionally be included as part of contracts. 

We need to process this personal data in order to comply with statutory obligations and with contracts.

The personal data is passed to the Commissioning team by the relevant Social Services team, Social Worker or Health professional. They will have carried out an assessment or present a care plan which requires the commissioning of an external resource to fulfil. The Commissioning team do not directly collate the personal data from the individual.

Data is kept in paper format, and electronically on the network drive and in SWIFT case management system.

Data Protection legislation requires personal data to be kept for no longer than necessary.

Personal data is shared with the selected care provider once a contract is in place. This is in keeping with the terms and conditions of the relevant contract or framework and the detail is needed in order to fulfil the care requirements identified in the care plan.

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.

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.