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 process your information in the Mental Health Recovery Service.
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 OfficesStation 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
- What personal data we process and why
- Automated decision-making
- Collecting information automatically
- Children's information
- Lawful basis for processing your personal data
- How long we keep your personal data
- Data sharing
- Data processors and/or third parties
- Transfers of personal data
- How we protect your information
- Your rights in relation to this processing
How we collect your information
We get information about you from the following sources:
- directly from you
- from third parties acting on your behalf such as family member(s), advocates, etc
- from our commissioned partners or contractors who undertake work on our behalf such as home care agencies or residential homes. This is because they are delivering support on our behalf
- from the NHS
- from the Department of Health and Social Care (DHSC)
What personal data we process and why
We process the following personal and special category data such:
- name
- date of birth
- address
- telephone number
- email address
- any medical information you provide us with
Where appropriate to, we may also process data relating to criminal convictions and offences, in order to provide our services.
We collect and use your information to provide our services and you can find out more about our Mental Health Recovery services.
We may use the information to create reports and statistics that are anonymous and cannot be linked back to you or individuals, such as:
- informing market development
- statistical analysis
- statutory returns
- knowing we're delivering care to the right people
- ensuring service quality
We may ask you to take part in surveys, consultation, or other events to get your feedback and opinions on our services. When we do this, we will ask for your consent. You can withdraw your consent at any time by email: sap@york.gov.uk.
Automated decision-making
We do not carry out any automated decision-making in the Mental Health Recovery Service.
Collecting information automatically
Please see our Cookies Policy for further information about the information we collect automatically when you use our website.
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.
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, 9 and 10 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).
The legal basis for processing your personal data and special category data is in accordance with the following:
- Article 6(1)
- (a) the individual has given clear consent for the council to process their personal data for a specific purpose.
- (e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
- (f) Legitimate interests: the processing is necessary for your 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
- Article 9(2)
- (a) Explicit consent
- (g) Reasons of substantial public interest (with a basis in law)
- (h) Health or social care (with a basis in law)
This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and the following legal framework:
Where we process personal data relating to criminal convictions and offences, this is also under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences, or proceedings for an offence committed or alleged to have been committed, including sentencing.
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.
How long we keep your personal data
We will only keep your information for as long as is necessary and in most cases for up to 8 years. We will confidentially and securely destroy and delete your information when we no longer need it.
Data sharing
We will only share your information with other council services and with other organisations, government departments, contractors who undertake work on our behalf, etc where it is appropriate to.
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.
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.
Data processors and/or third parties
Where we have third parties providing parts or all of our services for us, we have contracts or agreements in place with them such as:
If we use Microsoft Teams, to contact you, to gather information from you, or if we are recording or transcribing our discussion or meeting with you, we will let you know. You can find more details about this in the City of York Council Microsoft Office 365 (MS365) Teams Meeting recording and transcription privacy notice.
When we use SurveyMonkey for our surveys or consultation etc you can find out how they use your information in the SurveyMonkey Privacy Notice.
When we use Eventbrite for arranging and organising events etc you can find out how they use your information in the Eventbrite Privacy Policy.
Where we use Delib’s CitizenSpace (digital citizen engagement platform) you can find out how they use your information in the Privacy Notice Delib.
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.
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
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 OfficerCity of York Council
West Offices
Station Rise
York YO1 6GA