We keep the Adult Social Care Privacy Notice under review. It was last reviewed and updated in August 2023.
If you have any questions about this Privacy Notice contact the council’s Data Protection Officer.
View the privacy information for all of the City of York Council (CYC).
- Personal data
- Using personal data
- Our legal basis for using personal data
- Sharing personal data
- Retaining personal data
- Transferring personal data abroad
- Further processing of personal data
- Caldicott Guardians
- Use of your NHS Number in Adult Social Care
- Your rights relating to personal data
Personal data
The information we collect about you will include, but is not limited to:
- name
- date of birth
- NHS number
- address
- gender
- next of kin
- contact details, such as telephone and email
- physical or mental health condition
We may ask you further details where required and appropriate such as:
- ethnicity
- religious or other similar beliefs
- National Insurance number (NINO)
- language
- accommodation status
- nationality
- sexual orientation
- marital status
- financial information
We will:
- only ask you for the information that is necessary
- protect it and make sure nobody has access to it who shouldn’t
- ensure you know if you have a choice about giving us information
- make sure we don’t keep it for longer than is necessary
We ask that you:
- give us accurate information
- tell us as soon as possible of any changes
- tell us as soon as possible if you notice mistakes in the information we hold about you
See further details about how we define personal data and non-personal data.
Using personal data
We may collect information in the following ways:
- telephone
- paper, electronic or online forms
- face-to-face, with one of our employees, or one of our partners
- The Yorkshire & Humber Care Record (shared care record).
The Yorkshire & Humber Care Record is a shared system that allows health and care staff within the Yorkshire & Humber Health and Social Care community to appropriately access the most up-to-date and correct information about patients, to deliver the best possible care.
The Yorkshire & Humber Care Record guarantee is our commitment that we will use records about you in ways that respect your rights and promote your health and wellbeing.
If you would like any further information, or would like to discuss this further, please contact us using the details provided.
Yorkshire & Humber Care Record - Information Governance LeadLeeds Teaching Hospitals NHS Trust
St James University Hospital
Lincoln Wing/Chancellor Wing Link Corridor
Beckett Street
Leeds
LS9 7TF
Telephone: 0113 2064102.
The National Data Guardian opt-out programme is a new service that allows people to opt out of their confidential patient information being used for research and planning, which has overtaken the Type two opt out.
We'll use your information to deliver social care services for adults in compliance with the legal duties of the City of York Council. This includes, but is not limited to:
- assessment of need
- provision of services
- Adults Safeguarding and Deprivation of Liberty Safeguarding processes
- assessing financial eligibility for services
- delivery of a range of preventative services (including Occupational Therapy), information and signposting
- delivery of a range of Personal Support Services which are the provider services commissioned by our adult social care
We may use the information to create reports and statistics that are anonymous and cannot be linked back to your provision or to individuals, such as:
- informing market development
- statistical analysis
- statutory returns
- knowing we're delivering care to the right people
- ensuring service quality
Our legal basis for using personal data
Depending on the processing activity being undertaken by Adult Social Care, we will rely on one or more of the following lawful basis for processing your personal data under the UK GDPR:
- Article 6(1)(b) which relates to processing necessary for the performance of a contract
- Article 6(1)(c) so we can comply with our legal and statutory duties including, but not limited to, those which apply under the following legislation and/or contractual agreements:
- Article 6(1)(d) in order to protect your vital interests or those of another person
- Article 6(1)(e) for the performance of our public task
- Article 6(1)(f) for the purposes of our legitimate interest
Where the information we process is special category data, for example your health data, the additional bases for processing that we rely on are:
- Article 9(2)(a) your explicit consent
- Article 9(2)(b) which relates to carrying out our legal obligations and the safeguarding of your fundamental rights
- Article 9(2)(c) to protect your vital interests or those of another person where you are incapable of giving your consent
- Article 9(2)(g) – where processing is necessary for reasons of substantial public interest
- Article 9(2)(j) for archiving purposes in the public interest
Sharing personal data
We will share your personal information with other council services as appropriate, and with other organisations, agencies, partners such as:
- commissioned partners or contractors who undertake work on our behalf
- The NHS
- Department of Health and Social Care (DHSC)
- other councils, including North Yorkshire Council’s Emergency Duty Team
This includes organisations or providers that we commission to provide support, such as home care agencies or residential homes. This is because they are delivering support on our behalf.
It is very important that Adult Social Care is able to plan and realign its delivery of services to meet the needs of adults with care and support needs within the City of York. To do this, we carefully use the information we collect about how services are delivered and who is using these services. This also includes the statutory functions of Public Health which is now part of the council’s responsibility.
Where we use platforms, systems or apps such as Access Care Plan, Zoom, or WhatsApp to contact you, hold meetings, training sessions and more, we'll let you know. You can find out more about these platforms, systems or apps in their privacy notices:
- The Access Group's Privacy Notice
- Zoom’s certification
- Zoom’s privacy policy
- Whatsapp's privacy policy
When we use MS Teams to provide secure online conversations, we may record and or transcribe these and you can find out more about this at Microsoft Office 365 (MS365) Teams Meeting recording and transcription privacy notice.
We only allow our commissioned partners, contractors and third parties to handle your personal data if we are satisfied they take appropriate measures to protect it. We also impose contractual obligations on them to ensure they can only use your personal data to provide services to us and to you.
Sharing data with Upstream Health
If, as part of your assessment, you've been offered the Upstream Health Bridgit Watch and/or Home Hub, some data will be shared with Upstream Health.
View the Upstream Health Privacy Notice to see how they will handle the data they collect.
Sharing data under Data Protection legislation
We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:
- safeguarding
- law enforcement
- fraud investigations
- regulation and licensing
- criminal prosecutions
- court proceedings
Retaining personal data
We will only keep your personal information for as long as is necessary and then we will delete or destroy it securely.
At the end of the retention period, we may pass any relevant information to the City Archives where it is required or appropriate to do so.
Transferring personal data abroad
We may process your personal data using services hosted outside the UK and/or the European Economic Area, but only where an agreement is in place that complies with obligations equivalent to the principles of the Data Protection Act 2018.
Further processing of personal data
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we'll provide you with a new notice.
The new notice will:
- explain this new use before we start the processing
- set out the relevant purposes and processing conditions
Where and whenever necessary, we'll seek your consent to the new processing, if we start to use your personal data for a purpose not mentioned in this Privacy Notice.
Caldicott Guardians
See details of our Caldicott Guardians, responsible for protecting the confidentiality of people’s health and care information, and making sure such data is used properly.
Use of your NHS Number in Adult Social Care
See further details about how we use your NHS number in connection with Adult Social Care services.
Your rights relating to personal data
When we collect your personal data we'll tell you how we are going to use it. Where we process your personal data, you have a number of rights under data protection law.
To find out about your rights under Data Protection law, see the Information Commissioners Office (ICO).
You can also find information about your rights in Our Privacy Notice.
If you have any questions about this Privacy Notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us by email: information.governance@york.gov.uk or telephone: 01904 554145, or write to :
Data Protection Officer
City of York Council
West Offices
Station Rise
York
YO1 6GA
See further details of your rights relating to personal data.