Privacy Notice

What data do we have?

So that we can provide a safe and professional service, we need to keep certain records about you. We may process the following types of data:

• Your basic details and contact information e.g. your name, address, date of birth and next of kin;
• Your financial details e.g. details of how you pay us for your care or your funding arrangements.We also record the following data which is classified as “special category”:
• Health and social care data about you, which might include both your physical and mental health data.
• We may also record data about your race, ethnic origin, sexual orientation or religion.

Why do we have this data?

We need this data so that we can provide high-quality care and support. By law, we need to have a lawful basis for processing your personal data.
We process your data because:

We have a legal obligation to do so – generally under the Health and Social Care Act 2012 or Mental Capacity Act 2005.

We process your special category data because

• It is necessary due to social security and social protection law (generally this would be in safeguarding instances).
• It is necessary for us to provide and manage social care services.
• We are required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations.We may also process your data with your consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent at any time.

Common law duty of confidentiality

In our use of health and care information, we satisfy the common law duty of confidentiality because:

• You have provided us with your consent (either implicitly to provide you with care, or explicitly for other uses)
• We have a legal requirement to collect, share and use the data
• The public interest to collect, share and use the data overrides the public interest served by protecting the duty of confidentiality (for example sharing information with the police to support the detection or prevention of serious crime).

Where do we process
your data?

So that we can provide you with high quality care and support we need specific data. This is collected from or shared with:

• You or your legal representative(s)
• Third parties.We do this face to face, via phone, via email, via our website, via post, via application forms and via our care recording app.Third parties are organisations we might lawfully share your data with. These include:
• Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, clinical commissioning groups, and other health and care professionals
• The Local Authority;
• Your family or friends – with your permission;
• Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC;
• The police or other law enforcement agencies if we have to by law or court order.

National Data Opt-Out

We review our data processing on an annual basis to assess if the national data opt-out applies. This is recorded in our Record of Processing Activities. All new processing is assessed to see if the national data opt-out applies.
At this time, we do not share any data for planning or research purposes for which the national data opt-out would apply. We review all of the confidential patient information we process on an annual basis to see if this is used for research and planning purposes. If it is, then individuals can decide to stop their information being shared for this purpose.