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Privacy Notice for Adult Social Care

Purpose

This privacy notice has been developed by Powys County Council's (the Council) Adult Social Care (ASC) service, to ensure its transparency with collecting and processing personal information.

Anyone receiving a service from ASC will have a record kept about them. We collect personal information to enable us to provide you with social care services, in partnership with other agencies and voluntary organisations. This privacy notice also includes the processing of personal information that takes place by the Social Services Customer Feedback Team in order to improve our services.

This notice explains what information we collect, why we collect it and how we keep it secure. It also explains your rights and our legal obligations.

The Legal Basis

ASC have considered appropriate lawful grounds for collecting and processing your data. Your personal information is needed so that we are able to carry out our legal responsibilities.

In some cases, this may result in a legal requirement for information to be provided and collected. If you refuse to provide the data we require, this could result in us not being able to provide you with services. Some of the key pieces of legislation that ASC work under includes:

  • Social Services and Wellbeing (Wales) Act 2014
  • Wales Safeguarding Procedures 2019
  • Mental Health Act 1983
  • Mental Health Act Code of Practice for Wales
  • Mental Health (Wales) Measure 2010
  • Mental Capacity Act 2005
  • Deprivation of Liberty Safeguards (soon to be replaced by the Liberty Protection Safeguards)
  • Regulation and Inspection of Social Care (Wales) Act 2016

The Data Protection Act 2018

The Council is a Data Controller under the Data Protection Act 2018 which is the UK's implementation of the General Data Protection Regulation.

The Council's Data Protection Officer (DPO) can be contacted at the Information Compliance Team at information.compliance@powys.gov.uk or at 01597 826 400. 

What information we hold about you

ASC will store any details relating to your situation in a way that will assist us in supporting you to meet your, and / or your family's, care and support needs as well as our responsibilities regarding the protection of adults at risk from abuse and neglect.

Categories of personal data obtained

ASC may obtain the following categories of your personal data:

  • Name
  • Address
  • Date of Birth
  • Gender
  • Contact Details
  • National Insurance Number

We may also obtain and hold more specific information, including:

  • Details about your care and support needs
  • Information about other members of your household
  • Details of family relationships in and outside of your household
  • The names and contact details of your close relatives and/or carers
  • Information used to assess your situation, such as assessments and reports
  • Things that other organisations (such as health, schools or care homes) tell us to help us understand your situation and needs and co-ordinate your care services more effectively
  • Recordings of any visits or contact you have made, or we have made with you
  • Any additional needs or disability
  • Financial information
  • Details of your mental health and capacity
  • Details of your physical health
  • Details of your wellbeing
  • Details of your personal outcomes
  • Details about your lifestyle
  • Details about your engagement with ASC
  • Culture, religion/ belief
  • Criminal record
  • Restorative justice
  • Allegations of abuse or neglect towards you
  • Allegations or concerns raised regarding your conduct or safeguarding concerns from you about others.

Source of the personal data

  • You
  • Your representative/ advocate/ legal representative
  • Your family
  • Police
  • Health authorities
  • Education authorities
  • Other local authorities
  • Housing associations/ registered social landlords
  • Regulatory bodies, such as Care Inspectorate Wales/ Health Inspectorate Wales
  • Partner Agencies
  • Medical professionals/ General practitioners
  • Disclosure and Barring Service
  • Members of the public
  • Domiciliary Care Agencies
  • Residential and Nursing Care Homes
  • National Prosecution Service
  • Secure Estates (prisons)
  • Others (including professionals/ volunteers/ carers) who may be involved in your care
  • Your employer

Is Personal Information shared with anyone else?

The sharing of your information will be undertaken in line with our tasks and the applicable legislation. 

We will only share information with an organisation if they need it to do their job, or where the law requires or allows us to do so, for example: 

  • Partner organisations that provide care and support services
  • If a Court orders that we provide the information
  • Regulatory bodies (such as CIW) that inspect and monitor our work
  • Organisations such as the police, health, education services and third sector partners who work jointly with us to provide services and protect individuals.

Retention of Personal Information

ASC will retain your information for some time after we have stopped delivering services to you. The Retention Periods are specified within the Council's Corporate Retention Schedule. After this time records are safely destroyed.

Further information

For more information as to how the Council uses personal data, and on your data protection rights, please visit the Council's privacy notice here: Data Protection and Privacy