Reablement and rehabilitation privacy Statement

First published

23 Mar 2023

Last updated

25 Jul 2024

Reablement and rehabilitation 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 data?

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 data?

We process personal data in order to provide
reablement and rehabilitation services. Data is
processed as part of the Regulation of Care.

The type of personal information we collect

The data includes information about current or potential service users and their carers.

Personal data processed

  • Name
  • Address
  • Contact number
  • Email address
  • Date of Birth
  • Identification
  • Name and address of GP
  • Information about the service to be provided

Special category data processes

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

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

UK GDPR Article 6 (1) (b) We need to process personal data because it is necessary to comply with a contract with the service user.

UK GDPR Article 9 (2) (b) Obligations under
employment, social services or social protection law, or a collective agreement, in order to deal with our obligations under the Adults with Incapacity (Scotland) Act 2000.

Sharing of data with NHS FV or other support
providers

UK GDPR Article 6 (1) (a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes UK GDPR Article 9 (2) (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes

Where does the Council obtain personal data from?

Personal data is collected via the care needs
assessment by the Adult Assessment team.
Information can also be obtained via a Single Shared Assessment from the NHS.

Where does the Council keep personal data?

Personal data is kept in an electronic format within Stirling Council network drives, except the personal service user folder when it is in the service user home.

Data is also held on an external third party systems in relation to scheduling rotas are care support needs.

How long does the Council keep personal data?

Personal data is retained for 5 years from last action or 3 years after file marked deceased.

Who does the Council share personal data with?

Personal data will be shared with the NHS FV or other support providers where consent has been provided by the service user.

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.

  • 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.

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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