City of York Council (CYC) has a contract with Change Grow Live Services Ltd (CGL) to provide the York Drug and Alcohol Service (YDAS). We jointly created this privacy notice in June 2024 and will regularly review it. CYC is registered with the Information Commissioner’s Office (ICO) – number Z5809563.
CGL is registered with the Information Commissioner’s Office (ICO) - number Z9124986.
For the purposes of data protection legislation, CYC and CGL are both independent Data Controllers and are separately responsible to you under the law for the processing of your information.
CYC and CGL are both committed to ensuring that your information is handled in accordance with the principles set out in data protection legislation and guidance from the ICO.
This privacy notice should be read in conjunction with other relevant CYC and CGL privacy notices and/or policies and procedures.
When appropriate, the relevant Data Controller 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 may get your information from one or more of the following sources:
- directly from you
- from third parties acting on your behalf such as family members, advocates
- from other third parties or organisations such as;
- your GP
- hospital records
- mental health services
- your social worker or other support professionals
- prison substance use treatment services
- the Police
- the Probation Service
We ask that you:
- give us accurate information
- tells us as soon as possible about any changes
- tell us as soon as possible if you notice any mistakes in the information, we hold about you
What personal data we process and why
We will only ask for what information is necessary for the service we are providing to you - this will include providing your name and address but for providing services such as the YDAS, we will need more details and will also process special categories of personal data, such as information about your health.
Where we process data relating to criminal convictions and offences, this may include details of any past criminal convictions or offences.
You can find more information about the services available by clicking the below links:
We may use the information to create reports and statistics that are anonymous and cannot be linked back to you or individuals, such as:
- inform future service design and funding decisions
- examine the outcomes of aspects of the service and the characteristics of people accessing it
- statistical analysis
- statutory returns
- knowing we're delivering care to the right people
- ensuring service quality
CYC or CGL 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, and we will make the methods for doing this clear when we contact you.
Automated decision-making
We do not carry out any automated decision-making when delivering the YDAS.
Collecting information automatically
Please see our Cookies Policy for further information about the information we collect automatically when you use either CYC or CGL websites.
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 and criminal offence 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 lawful basis relied on will depend on the purpose of the processing, but it is likely to be one of the below:
- Article 6(1)
- (a) Consent: the individual has given clear consent for the council to process their personal data for a specific purpose.
- (c) Legal obligation: the processing is necessary for the council to comply with the law (not including contractual obligations).
- (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).
- Article 9(2)
- (a) Explicit consent
- (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)
- (h) Health or social care (with a basis in law)
- (i) Public health (with a basis in law)
This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and legislation such as:
- Health and Social Care Act 2012 Section 12 - local authority's duty to improve health
- Health and Social Care Act 2012
- Human Rights Act 1998
- The Common Law Duty of Confidentiality
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.
CYC’s Our Appropriate Policy Document provides further information about this processing. CGL’s Data Protection Policy contains the relevant information and is available on request.
How long we keep your personal data
CYC will keep personal data for which they are the Data Controller for 8 years after your record has been closed or from your last contact with their services. They will then securely and confidentially destroy the record.
CGL will keep personal data for which they are the Data Controller for 8 years after your last contact with their services. They will then securely and confidentially destroy the record.
Data sharing
CYC will only share your information with other CYC services and other organisations, agencies, government departments, where it is appropriate to. This includes:
- City of York Council
- Recovery/Rough Sleeper Navigators through CYC
- Public Health Team
- Business Intelligence Hub
- Local Area Co-ordinators
- Housing Services
- Adults and Children's Social Care, Adults and Children Safeguarding Teams
- Youth Justice Service
- National Drugs Treatment Monitoring System (NDTMS)
- Coroner
- Police
- GP
- Hospital
- Prisons
- Probation Service
- Courts
- Another substance use treatment provider should you transfer to another area
- Police and Crime Commissioner
- our IT systems providers
- TEWV (Tees Esk and Wear Valley) Mental Health Services
- MEAM (Making Every Adult Matter)
- Community organisations such as York Mind, York Carers Centre, Adfam
- Inpatient detoxification facilities
- Residential rehab providers
If we need to share your information with other agencies who are not listed in this privacy notice, we will always seek your permission to do so if required, unless the law requires or permits us to use or share it for another reason, for example:
- if it is necessary to do so to protect you or others from harm
- where a crime has or may be committed
- where there might be a child or adult at risk
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.
Information about when CGL will share your personal data is available online.
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. These are:
Our case management system is provided by Cyber Media, and you can find the Cyber Media Privacy Policy online.
We may also access and use PharmOutcomes and you can find the PharmOutcomes privacy information online.
Transfers of personal data
Neither CYC nor CGL routinely transfer personal data outside of the UK but when this is necessary, the relevant Data Controller will ensure that they have appropriate safeguards in place in accordance with the UK data protection and privacy legislation.
How we protect your information
CYC and CGL are 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 and in the Change Grow Live 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
You can contact CGL on email: DataProtection@cgl.org.uk or write to:
Head of Legal ServicesLegal Services Dept
Change Grow Live
North Suite
First Floor
1 Jubilee Street
Brighton
East Sussex
BN1 1GE