This notice explains what personal data (information) we hold about you, how we collect, how we use and may share information about you. We are required to give you this information under data protection law.
Who we are
Gateshead Council collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as 'controller' of that personal information for the purposes of those laws.
Adult safeguarding - what it is and why it matters
Safeguarding means protecting an adult's right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult's wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.
Local authority statutory adult safeguarding duties apply equally to those adults with care and support needs regardless of whether those needs are being met, regardless of whether the adult lacks mental capacity or not, and regardless of setting, other than prisons and approved premises where prison governors and National Offender Management Service (NOMS) respectively have responsibility.
Personal information we collect and use
Information collected by us
In the course of working with you, we may collect the following personal information when you provide it to us:
Personal data
- personal information for example your name, address, telephone number, date of birth
- contact details for members of your family and support network
- information about your finances, for example bank details, income, benefits
- photographs, for example to help inform an occupational therapy assessment
Special categories of personal data
- information about your racial or ethnic origin, religious or philosophical belief and your sexual orientation
- information about health conditions or disabilities that may apply to you
- information about you and your circumstances
- information about relevant health and safety concerns
- information about your needs and wishes
Collecting and sharing your personal information
In the course of working with you, we may collect information from, or share it, with some of the following third parties (non- exhaustive list):
- advocates, deputies, legal power of attorney
- housing associations and landlords
- cabinet members
- Care Quality Commission (CQC)
- central government
- borough councillors
- Department for Work and Pensions (DWP)
- external providers
- family members and carers
- internal teams, such as adult social care and finance
- Gateshead Safeguarding Children's Board
- legal representatives, such as solicitors
- local government ombudsman
- MPs
- 'Nearest Relative'
- NHS providers, such as GPs and hospitals
- other professionals
- partner agencies, such as volunteer organisations and statutory organisations
- schools
The Gateshead Safeguarding Adults Board is a statutory body which exists to make sure that all member agencies are working together to help keep Gateshead adults safe from harm and protect their rights.
This data sharing enables us to personalise your care and ensure that you are receiving the best support possible.
We will share personal information with law enforcement or other authorities if required by applicable law.
How we use your personal information
We use your personal information to:
- create a secure and comprehensive record of all the work that we do with and for you:
- your name, address, telephone number, date of birth
- contact details for members of your family and support network
- fully understand your needs:
- information about you and your circumstances
- information about your needs and wishes
- information such as racial or ethnic origin, religious or philosophical beliefs, your sexual orientation
- promote your health and wellbeing in partnership where applicable with relevant health partners
- information about any health conditions or disabilities that may apply to you, including your mental health
- arrange short/long term care solutions:
- details contained in your care records and conversations held
- liaise with agencies, companies and charities on your behalf:
- relevant personal information held on our systems
- endeavour to keep you safe from harm:
- information about any health and safety concerns that may be relevant
- process complaints and compliments regarding the services we have provided
- details contained in your care records and correspondence received
- request and arrange installation of specialist equipment for you:
- information about any health conditions or disabilities that may apply to you
- information about your needs and wishes
- your name, address, telephone number, date of birth
- contact details for members of your family and support network
- work with you or your representative to create a Care and Support Plan:
- details contained in your care records and conversations held
- analyse the service that we are providing:
- statistical reports output by our computer systems
The sharing of information facilitates a joined up approach with partner agencies, to provide you with the best possible care and support. Sharing will only be done where it is necessary or required by law.
How long your personal data will be kept
Records will be retained for no longer than 10 years from the last involvement with adult social care before being securely destroyed.
Reasons we can collect and use your personal information
When we collect your personal data, we rely on the following legal bases:
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
- processing is necessary for compliance with a legal obligation to which the controller is subject
When we collect your 'special categories of personal data', (such as health, race, ethnicity, sexual orientation) we rely on the following legal bases:
- processing is necessary for reasons of substantial public interest (safeguarding of children and of individuals at risk)
- processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services
These legal bases are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities, including:
- the Care Act, 2014
- the Health and Social Care Act, 2015
- the Children's Act, 1989, 2004
- the Localism Act, 2011
- the Data Protection Act, 2018
- the Human Rights Act, 1998
- the Mental Health Act, 1983 (Amended 2007)
- the Mental Capacity Act, 2005
As we have a statutory basis for collecting your personal data, we do not need to ask for your permission to collect and share it, however we will only ever share your data on a basis of need, in line with legislation and will work transparently with you at all times. If you do not provide your data, it will limit the effectiveness of the services and support that we are able to offer you.
NHS and care services
To find out more about the NHS' wider use of confidential personal information and to register your choice to opt out if you do not want your data to be used in this way, visit the NHS - your data matters (opens new window). If you do choose to opt out you can still consent to your data being used for specific purposes.
Your rights
Under GDPR you have rights which you can exercise free of charge which allow you to:
- know what we are doing with your information and why we are doing it
- ask to see what information we hold about you (subject access request)
- ask us to correct any mistakes in the information we hold about you
- make a complaint to the Information Commissioner's Office
Depending on our reason for using your information you may also be entitled to:
- ask us to delete information we hold about you
- have your information transferred electronically to yourself or to another organisation
- object to decisions being made that significantly affect you
- object to how we are using your information
- stop us using your information in certain ways
We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.
For further information about your rights, including the circumstances in which they apply, visit data protection for information about your rights and how to apply to exercise them.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
Contact
Please contact DPO@gateshead.gov.uk if you wish to access your information.
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