Local Area Co-ordination - privacy notice

Who we are

Derby City Council is the local government unitary authority for Derby city. Our address is the Council House, Corporation Street, Derby, DE1 2FS. You can contact our Data Protection Officer on 01332 640763 or by email at data.protection@derby.gov.uk.

How do we collect information from you?

We collect information from you when you visit www.derby.gov.uk, when you fill in any forms using our customer portals or on our website, including myAccount; also when you contact us in writing, speak to us on the phone, by email or any other type of electronic communication, or talk to us face to face. We may collect information from a setting you attend, such as a school or care home, where this data collection is necessary for the following purposes listed.

We may also ask government departments and agencies to give us information they have about you.

What types of information do we collect from you?

We collect different categories of information about you, depending on the service you want from us and/or the reason why we need to process information relating to you. This could be personal information (for example your name and address), or other more sensitive data that we would only collect and use in very particular circumstances that are set out in law.

Should you wish to exercise your statutory rights, outlined below, then we may request information from you to verify your identification such as a copy of your passport or driving licence. 

Details of information obtained from third parties?

We receive information and introductions that include personal data from a wide range of partners including public sector organisations such as:

• health services
• GPs
• schools
• colleges and universities
• emergency services
• the Youth Offending Service
• the Probation Service

We also receive similar information from voluntary and third sector organisations such as:

• care homes
• care providers
• housing associations
• faith groups

We also receive similar information from members of the public.

We do not routinely collect personal information from publically accessible sources.

How is your information used?

Depending on the service you have requested or need, we may use your information together with other information you have given us to:

• help you to maximise your independence and to stay safe.
• assess any risk to your wellbeing in line with our Safeguarding Adults duties.
• arrange any necessary urgent support you may need to keep you safe.
• provide you with information and guidance to help you connect with other support services.
• refer you to other support services.
• seek professional advice about your housing needs and to make recommendations to support your rehousing application.
• arrange support services on your behalf.
• provide you with a service tailored to your needs and desired outcomes.
• carry out our obligations arising from any shared agreements entered into by you and us.
• notify you of changes to our services.
• send you communications which you have requested and that may be of interest.
• evaluate the service or for research purposes to better understand the impact of services.
• fulfil our legal obligations under relevant legislation including:
  • the Children Act 1989
  • the Family Law Act 1996
  • the Human Rights Act 1998
  • the Mental Capacity Act 2005
  • the Safeguarding Vulnerable Groups Act 2006
  • the Mental Health Act 2007
  • the Forced Marriage (Civil Protection) Act 2007
  • the Health and Social Care Act 2008
  • the Local Authority Social Services and National Health Service complaints (England) regulations 2009
  • the Autism Act 2009, the Equality Act 2010
  • the Protection of Freedoms Act 2012
  • the Care Act 2014
  • the Children and Families Act 2014
  • the Children and Social Work Act 2017
  • and contained in the regulations and guidance that sit behind them.

COVID-19/Coronavirus

Coronavirus has been added as a notifiable disease under the Health Protection (Notification) Regulations 2010. Under the Public Health (Control of Disease) Act 1984 and associated Regulations; the Council has a legal duty to store, process and share personal information. The information will be stored, processed and shared as part of investigations into COVID-19 cases and outbreaks and issues of non-compliance with the acts and associated regulations. The information will also be used; interrogated and mapped to inform the Councils actions and decision-making processes. Any such storage, processing or sharing of information will be done in the public interest in order to promote health and wellbeing.

During the investigation of cases and/or outbreaks of Coronavirus, information which is gathered may be shared between departments within Derby City Council; with other Councils associated with an outbreak; other health services or with other government bodies associated with the control of the Coronavirus. The Council has a duty to notify national Government bodies, such as the UK Health Security Agency and the relevant local authority where an individual resides (if different), where there are suspected Coronavirus cases. The Council will disclose the information under Article 9(2)(j) of the UK GDPR (processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health), and confidential information may be lawfully disclosed in the public interest, without consent, where the benefits to an individual or to society outweigh both the individual’s and the public interest in maintaining the confidentiality of such data.

The Council may contact staff, service users, residents, patients, businesses and premises with messages relating to Coronavirus by text, phone, letter or email. This contact is not direct marketing; therefore we do not need your Consent before contacting you. There is more information available on the Information Commissioners Office's website.

We may use contact details held in Council systems to ensure that we are able to contact you, and to ensure that we are working from accurate and up to date information. Such information will be accessed and processed where it is necessary to comply with our legal obligations and public tasks arising from the Coronavirus Act 2020, the Health Protection (Notification) Regulations 2010 and the Public Health (Control of Disease) Act 1984, the Care Act 2014 and associated Regulations.

Research and statistics

Any data collected may be used for research and statistical purposes that are relevant and compatible with the purpose that the data was collected for. Wherever possible, we will use anonymised or pseudonymised information but, in order to fully understand the impact of Local Area Co-ordination, in some cases we may have to use personally identifiable information.

Who has access to your information?

We may share your information with the following third parties for the reasons detailed.

The information you provide may be shared with other professionals who may or may not be involved with you for similar purposes. This can include professionals such as your GP, District Nurses, Community Matrons, Physiotherapists, and Occupational Therapists and so on. It may also be shared with health services, social care support services and equipment providers where that could be a benefit to you and/or in order to promote your personal health and wellbeing. We would only share your information with your express permission, as identified on your Shared Agreement. We have published a list of care support services and equipment providers that we contract with.

We may share your information with emergency services so that they can gain emergency access and provide emergency assistance if necessary.

The information you provide may be shared with other departments in the Council such as Derby Advice, and Housing and Council Tax Benefit to support your applications and to make sure that you are receiving the right amount and kind of benefit. We would only share your information with your express permission, as identified on your Shared Agreement.

The information you provide may be shared with other departments in the Council for the purpose of preventing and detecting fraud, or the misuse of public funds, or for any legal or statutory requirements. It may also be shared with other public bodies such as The Court of Protection and The Cabinet Office for a similar purpose.

The information we gather may also be used as part of the evaluation of the service, or for research purposes, to better understand the impact of Local Area Coordination. As such, we may share information with other Council Departments and authorised third parties for these purposes only. Wherever possible, we will share anonymised or pseudonymised information but, in order to fully understand the impact of Local Area Co-ordination, in some cases we may have to share personally identifiable information (such as an NHS number). Where we have to share personally identifiable information, for research and evaluation purposes:

• the information will be shared using encrypted e-mail, processed and stored securely
• the information will not be used for any other purpose
• no attempt will be made to identify any person/people
• the information will not be used to make decisions about or take action against any person/people.

The organisations with which we may share your information are:

• Derby Teaching Hospitals NHS Foundation Trust
• Derbyshire Healthcare NHS Foundation Trust
• Derbyshire Community Health Services
• Data Services for Commissioners Regional Office (DSCRO)
• North of England Commissioning Support
• East Midlands Ambulance Service
• Derby & Derbyshire Clinical Commissioning Group
• GP Surgeries
• Derbyshire Constabulary
• Derby City Youth Offending Service
• Derby Homes
• The Department for Work and Pensions / Job Centre Plus
• Derbyshire Fire and Rescue Service

We may also share similar anonymised, pseudonymised or personally identifiable information about any of your dependent children who live with you, with other Council Departments, for research and evaluation purposes, to better understand the impact of Local Area Co-ordination.

We may continue to share information, for research and evaluation purposes, for a period after you have stopped receiving support from your Local Area Co-ordinator so that we can fully understand the impact of the service. Information will be used and disposed of in line with our record retention schedule and in compliance with the Data Protection Act 2018.

If you are a care leaver, or in care, receiving support through the Department for Education funded ‘Children’s Social Care Innovation Programme - Local Area Coordination’ we may also share anonymised and pseudonymised information with Ipsos MORI for the purpose of independent evaluation of the Children’s Social Care Innovation Programme - Local Area Coordination. Ipsos MORI may link some of this information if you have given your consent for this to happen.

The information you provide may also be shared with health services to be used in an anonymised way to help improve the planning of health and social care services generally.

We may share information in accordance with the National Fraud Initiative. For more information please refer to:

• GOV.UK - National Fraud Initative
• Our National Fraud Initiative page

We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.

What are your rights?

• Access – you can request copies of any of your personal information that is held by the Council.
• Rectification – you can ask us to correct any incorrect information.
• Deletion – you can ask us to delete your personal information. The Council can refuse to delete information if we have a lawful reason to keep this.
• Portability – you can ask us to transfer your personal data to different services or to you.
• Right to object or restrict processing – you have the right to object to how your data is being used and how it is going to be used in the future.
• Right to prevent automatic decisions – you have the right to challenge a decision that affects you that has been made automatically without human intervention, for example an online form with an instant decision.

National Data Opt Out

We are one of many organisations working within health and social care to improve health and wellbeing for patients as well as the public. Information collected from you when you use our services may be stored and shared with services or partner organisations for purposes other than your individual care, for instance to help with:

• Improving the quality and standards of care provided
• Research into the development of new treatments
• Preventing illness and diseases
• Monitoring safety

This may only take place when there is a clear legal basis to use this information. Confidential information about your health and care will only be used in limited circumstances where it is not possible to use anonymised data.

You have a choice about whether you want your confidential information to be used in this way. If you are happy for your information to be used in this way you do not need to do anything. If you do choose to opt out your confidential patient information will still be used to support your individual care.

For more information or to register your choice to opt out please visit https://www.nhs.uk/your-nhs-data-matters/. You can choose to opt in at any time.

Please be aware that the National Data Opt Out does not apply to information used for marketing purposes, your data would only be used in this way with your specific agreement.

All Health and Social Care organisations should have systems and process in place so they can be compliant with the national data opt-out and apply your choice to any confidential patient information they use or share for purposes beyond your individual care.

Our organisation is compliant with the national opt out policy.

How long will we keep your information for?

We keep and dispose of all records in line with our record retention schedule. We will comply with Data Protection legislation.

What security precautions are in place to protect the loss, misuse or alteration of your information?

We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the information you provide to us. However, we cannot guarantee the security of any information you transmit to us. We recommend that you take every precaution to protect your personal information.

Keeping your data up to date

We want to ensure any information we hold is accurate. You can help us by promptly informing us of any changes to the information we hold about you.

Details of any automated decision processes

There are no automated decision processes used in Local Area Co-ordination.

Under 13

If you are accessing online services and are under the age of 13‚ please ask for your parent or guardian's permission beforehand whenever you provide us with personal information

Cookies

Cookies are small text files which identify your computer to our servers. They are used to improve the user experience. View what cookies we use and how you can manage them.

IP addresses

Internet Protocol (IP) addresses are collected when our site is used:

• for statistical or analytical purposes
• to identify any malicious activity.

Complaints

If you would like to make a complaint regarding the use of your personal data you can contact our Data Protection Officer:

• By post: Information Governance, Council House, Corporation Street, Derby, DE1 2FS
• By phone: 01332 640763
• By email: data.protection@derby.gov.uk

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner's Office (ICO):

• By post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• By phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Alternatively, visit ico.org.uk or email casework@ico.org.uk.