This page explains how your information will be held about you and processed by the Direct Payment service. You can also find out about the General Data Protection Regulations and Data Protection Act 2018.
This page contains information about:
- who we are
- why we collect your personal information
- the legal basis for using your information
- who we may share your information with
- how you can access the information we hold about you
- how long we keep information about you
- further information and Data Protection Officer
Who we are
Borough of Poole will be the Data Controller for the personal information you provide. Personal information can be anything that identifies and relates to a living person. This could be your name and contact details. As the Data Controller, Borough of Poole will use your information to provide you with our services.
Why we collect your personal information
We will collect enough personal information in order to provide you with services for the following purposes:
- provide Personal Budget Information, Advice and Guidance
- assist you to recruit and retain Personal Assistants
- hold information of Personal Assistants looking for work on the Personal Assistant Register
We are not permitted to collect information we do not need or will not use. This document covers information you have provided direct to the Council and information which has been shared with us by other organisations.
If we don’t need your personal information we will either keep your details anonymous or, if we already have it for another service, we won’t ask you for it. If we use your personal information for research or analysis, we will always keep your details anonymous or use a fictitious name.
We don’t sell your personal information to anyone else.
The legal basis for using your information
According to the General Data Protection Regulations (GDPR) and the Data Protection Act 2018, we must have a reason to collect and use your information.
This will be:
- to deliver services and support you
- to enable us to manage the services we provide
- to train and manage our workers who deliver those services
- to investigate any worries or complaints you may have about our goods or services
- to check the quality of our goods and services
- to help with research and planning of new services
There are a number of legal reasons why we need to collect and use your personal information. For this service:
Contract: you have entered into a contract with us.
Legal obligation: it is required by law (The Care Act 2014, Section 117 of the Mental Health Act 1983 and the Care and Support (Direct Payments) Regulations 2014.
Vital interests: the processing is necessary to protect someone’s life.
Public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
Consent: you, or your legal representative, have given explicit consent.
Our service also needs to use sensitive personal data also called “special category data” which requires more protection to keep it safe. This is often information you would not want to be widely known and is very personal to you. It includes:
- sexuality or sexual heath
- religious or spiritual or philosophical beliefs
- physical or mental health
- trade union membership
- political opinions
- genetic or biometric data
- criminal history
We will take extra care of this data. The legal reason for us to collect and use this personal information is:
(a) you, or your legal representative, have given explicit consent
(b) you have entered into a contract with us
(c) it is necessary to perform our statutory duties or it is required by law (as above)
(d) it is necessary to protect someone in an emergency
(e) it is necessary for legal cases
(f) it is necessary to deliver health or social care services
(g) it is necessary for archiving, research, or statistical purposes
Who we may share your information with
We use a range of organisations to either store personal information or to help deliver our services to you. Sometimes we have a legal duty to provide your personal information to other organisations, for example the court service or HMRC.
We may also share your personal information with these organisations:
- your chosen managed account provider/payroll/insurance provider of choice once consent has been obtained
Your information will not be disclosed to any other organisations, except where we are required and allowed to by law.
We may seek your consent if we are able to offer additional services which we believe are of benefit to you. This will be clearly communicated to you. We will only share your details with these organisations if we have your consent. We will not share your information otherwise.
Accessing the information we hold about you
You have the right to request, in writing, details of the information that is held about you and also the right to access a copy of the information. This may be by the Council providing copies of documents or by inviting you to view the records at one of its offices, if appropriate. Please see our webpage for further information about how to make a subject access request.
Neither Bournemouth Borough Council nor Borough of Poole will charge a fee to access your information. Sometimes there may be information that we are not allowed to show you, such as:
- legal information or advice
- crime prevention and detection records
- information that we believe may be harmful to you and your well-being
- details about or provided by other people – this is called third party information (e.g. information from the Police or Department for Work & Pensions)
You may also ask us to:
- stop processing your information if this causes or might cause damage or distress
- stop processing your information for direct marketing
- make decisions about you using your information by automated means (e.g. using computers to decide on an entitlement)
- amend any of your data which you feel is inaccurate. You can also ask for information to be blocked, erased or destroyed
- transfer your information electronically to another service provider
- consider a claim for compensation for any damages caused by a breach of the Data Protection regulations
If you give consent for us to use your information, you may withdraw this at any time. However, this may affect our ability to continue to provide you with a service.
How long we keep information about you
We will retain this information for 6 years as stated in Borough of Poole retention schedule and in accordance with the Care Act 2014 Guidance.
If you have a concern about how we are using your information, we would ask you to contact us in the first instance using the address below:
Direct Payments Team
Adult Social Care - Services
Borough of Poole
Data Protection Officer
If you are not satisfied with a response to your concerns from the Service, our Data Protection Officer, Viv Bateman can review any issues regarding Information Rights legislation if necessary. The Data Protection Officer can be contacted at the address below:
Data Protection Officer
Bournemouth & Poole Information Governance Team
Bournemouth Borough Council
For further information about Information Rights legislation, please contact the Information Commissioner’s Office at www.ico.org.uk or by telephone 0303 123 1113.