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Health and social care

PERSON approach for professionals visiting residential homes Privacy Notice

City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) – reference Z5809563. We regularly review this privacy notice, and it was last updated in June 2024.

CYC is committed to ensuring that personal data is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).

This privacy notice tells you what to expect when we collect personal information about you. It applies to the PERSON approach professional care home feedback process and the professional care home feedback eform.

CYC is the controller for this information unless we specifically state otherwise in this privacy notice.

You can contact the council’s Data Protection Officer at:

West Offices
Station Rise
York
YO1 6GA

Telephone: 01904 554145.

Email: information.governance@york.gov.uk.

This privacy notice should be read in conjunction with other relevant CYC privacy notices and/or policies and procedures.

When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.


How we collect your information

We get information about you from the following sources:

  • directly from you when you complete the online form

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What personal data we process and why

We process the following personal data:

  • email address
  • your opinions, thoughts, and feedback
  • details of the residential home visited

Where you have raised it directly with the home manager on duty, we will also ask you to provide their job role.

We may also process certain ‘special category’ data including:

  • health information

The council's All Age Commissioning Team will use your opinions, thoughts, and feedback after visiting residential homes to make informed decisions about any next steps such as:

providing feedback to other council services if there are areas that require further investigation
the management of quality and contract monitoring visits
track trends in areas such as Infection Prevention Control or Nutrition and Hydration

We may use the information to create reports and statistics that are anonymous and cannot be linked back to you or individuals, such as:

  • statistical analysis
  • statutory returns
  • knowing we're delivering care to the right people
  • ensuring service quality

If you want to be kept up to date with any action we take, you will need to provide your email address. We will only be able to update you where it is appropriate for us to do so. If no longer want to be kept up to date, please let us know by contacting us on email: allagecommissioning@york.gov.uk.

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Automated decision-making

We do not carry out any automated decision-making as part of this service.

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Collecting information automatically

Please see our Cookies Policy for further information about the information we collect automatically when you use our website.

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Children’s information

Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.

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Lawful basis for processing your personal data

Any personal data including special category data that we process about individuals is done so in accordance with Article 6 and of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).
The legal basis for processing your personal data is in accordance with the following:

Article 6(1) of the UK GDPR

  • (a) Consent: the individual has given clear consent for the council to process their personal data for a specific purpose.
  • (d) Vital interests: the processing is necessary to protect someone’s life.
  • (e) Public task: the processing is necessary for the council to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
  • (f) Legitimate interests: the processing is necessary for the council’s legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests. (This cannot apply if you are a public authority processing data to perform your official tasks.)

The legal basis for processing your special category data is in accordance with the following:

  • (b) Employment, social security and social protection (if authorised by law)
  • (c) Vital interests
  • (g) Reasons of substantial public interest (with a basis in law)

This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and legal frameworks such as:

Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice.

Our Appropriate Policy Document provides further information about this processing.

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How long we keep your personal data

We will keep the information you give us for up to 7 years and then will securely and confidentially destroy it.

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Data sharing

We will share your personal information with other council services as appropriate.

If the care home you visited is within the boundary of North Yorkshire County Council (NYCC), the feedback provided will be shared with NYCC. You can find out more about what they do with your information via the HAS provider services team privacy notice.

In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information. We may also share information about you with third parties including our data processors, government agencies and external auditors. For example, we may share information about you with HMRC for the purpose of collecting tax and national insurance contributions.

We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision-making.

Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.

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Data processors and/or third parties

Where we have third parties providing parts or all of our services for us, we have contracts in place with them.

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Transfers of personal data

We do not routinely transfer personal data outside of the UK but when this is necessary, we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.

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How we protect your information

We're committed to keeping your information safe and secure. There are several ways we do this, such as:

  • IT security safeguards such as firewalls, encryption, and anti-virus software
  • on-site security safeguards to protect physical files and electronic equipment
  • training for all staff and elected councillors
  • policies and procedures

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Your rights in relation to this processing

To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.

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 on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:

Data Protection Officer
City of York Council
West Offices
Station Rise
York YO1 6GA

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Also see

Data Protection Officer

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 554145