Locality Services Privacy Statement

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

The initial assessment of a person’s needs are passed from the Social Care Services Intake team to the Locality team for a full outcome focussed assessment to be completed. Further personal information is gathered at this stage and used to complete the assessment.

If the information identifies a service need the assessment would be approved by manager, budget set and a support plan put in place that is agreed with the service user and their family. This would be shared with the Business and Finance team to complete financial assessment. The services may be for a care at home service or for long term care in a care home facility.

Following completion of the assessment the personal information would be held for:

• Long term care management and updated through regular review.
• Short term – if package is for specific period of time and closed (personal data held for future needs).

Occupational Therapists support the Blue Badge Team to carry out medical assessments with people applying for a disabled blue badge for parking purposes.

The data includes information about current or potential service users and their carers who live in the community and are vulnerable and require support around their health and social care needs.

Personal data processed:

• Name
• Address
• Date of birth
• Name and address of GP
• Information about the services to be provided
• Additional information will be recorded about the service user’s family including details about other people, Power of Attorney/Guardian or agencies and partners that need to be involved in the service provision.

Special category data processed:

• Health (physical or mental)
• Racial or ethnic origin

Personal data – Legal obligation, to comply with our obligations under the Community Care and Health Act 2002.

Special category data – Obligations under employment, social services or social protection law, or a collective agreement, to comply with our obligations under the Adults with Incapacity (Scotland) Act 2000.

Data is collected by Council employees in the course of an interview or telephone conversation or in written correspondence with the Data Subject or agent.

Personal data is stored in the electronic care
management system and this information may be accessed by other Social Care teams in order to capture additional information as required if the service user requires a support service to be put in place.

Personal data is may be passed from the NHS through the Single Shared Assessment.

All data is stored electronically in the care management system.

Personal data is retained for 5 years from last action or for 3 years from the death of adult.

External providers who provide service users with a service.

Your personal details and support package may be shared with the Scottish Government and the National Health Service for statistical and research purposes.

• This information will help the Scottish
  Government, your local authority and your Health Board plan future care services. This will help
  improve services for you and others.
• Your data may be joined to other health and housing support data by the Scottish
  Government and the National Health Service Scotland. This is to produce statistics only. Statisticians/researchers will not be able to identify you from the data that they will use.
• Every effort will be made to ensure that your information is kept safe at all times.
• Only people in the Scottish Government and the National Health Service who need to see your personal information will be able to access it.
• All pieces of information which could identify you, such as names and dates of birth will be removed before the data is used by statisticians/researchers.

The National Fraud Initiative (NFI) is an exercise that matches electronic data within and between public and private sector bodies throughout the United Kingdom to prevent and detect fraud. Stirling Council, which participates in the NFI, is required by law to  protect the public funds it administers. We may share certain information provided to us with other bodies responsible for auditing or administering public funds, in order to prevent and detect fraud.

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.

• The right of access – You have the right to request information 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.
  
  
• The right to rectification - You are entitled to have your information rectified if it is factually inaccurate or incomplete. We must respond to your request within one month. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner
  
  
• The right to erasure - You have the right to ask us to delete your information or stop using it. It will not always be possible for us to comply with your request, for example, if we have a legal obligation to keep the information. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner.
  
  
• The right to restrict processing - You have the right to restrict how your data is processed in certain circumstances, for example, if the information is not accurate. If a restriction is applied, we can retain just enough information to ensure that the restriction is respected in future. We must tell you if we decide to lift a restriction on processing.
  
  
• The right to data portability – You have the right to object to processing, if we are processing your personal data with your consent, and it is held in a structured, commonly used, machine-readable form, you have a right to ask us to transmit it to another data controller so they can use it. This right does not apply if we process your personal data as part of our public task.
  
  
• The right to object - You can object to your information being used for profiling, direct marketing or research purposes.
  
  
• You have rights in relation to automated decision making and profiling - to reduce the risk that a potentially damaging decision is taken without human intervention.

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.