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Title: DATA PRIVACY NOTICE FOR SERVICE USERS AND SUPPLIERS (GUIDANCE)
1.1 This document must be read in conjunction with the Guidance notes on completing the Data Privacy Notice.
1.2 SKILLCARE LIMITED “We” are committed to protecting and respecting your privacy.
1.4 The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).
Data controller – A controller determines the purposes and means of processing personal data.
Data processor – A processor is responsible for processing personal data on behalf of a controller.
Data subject – Natural person.
Categories of data: Personal data and special categories of personal data
Personal data – The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.
Special categories personal data – The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership, political opinions, religious or philosophical beliefs.
Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Third party – means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
3.0 WHO ARE WE?
DENVER FORBES is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: 0203 640 7722. For all data matters contact DATA PROTECTION OFFICER – DENISE FORBES STAFF MEMBER RESPONSIBLE FOR DATA PROTECTION on 0203 640 7722
4.0 THE PURPOSE(S) OF PROCESSING YOUR PERSONAL DATA
We use your personal data for the following purposes:
(INSERT RELEVANT PURPOSES).
5.0 THE CATEGORIES OF PERSONAL DATA CONCERNED
With reference to the categories of personal data described in the definitions section, we process the following categories of your data:
Personal data – which include Date of Birth, Name, address, health conditions, past medical history, GP contact details, allocated social worker contact details, Next of kin contact details, hospital/specialist consultant, district nurses, pharmacy details, medication history.
We have obtained your personal data from Brent Social Services.
6.0 WHAT IS OUR LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA?
a) Personal data (article 6 of GDPR).
Our lawful basis for processing your general personal data:
☐ Consent of the data subject. *INCLUDED A GDPR CONSENT FORM
☐ Processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract. CONSENT TO CARE
☐ Processing necessary for compliance with a legal obligation. WITH CARE QUALITY COMMISION REGULATIONS AND SKILLCARE LIMITED POLICIES AND PROCEDURES
☐ Processing necessary to protect the vital interests of a data subject or another person
☐ Processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
☐ Processing necessary for the purposes of the legitimate interests of the data controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the data subject.
(*YOU NEED TO IDENTIFY ONE LAWFUL BASIS FOR EACH PURPOSE OF PROCESSING. TICK MORE THAN ONE BOX, IF MORE THAN ONE APPLIES BUT INDICATE WHICH PURPOSE IT REFERS TO).
b) Special categories of personal data (article 9 of GDPR)
(*IF YOU PROCESS SPECIAL CATEGORIES OF DATA, YOU MUST SATISFY AT LEAST ONE CONDITION UNDER ARTICLE 6 AND AT LEAST ONE CONDITION UNDER ARTICLE 9 AS LISTED BELOW. DELETE THIS SECTION IF YOU DO NOT PROCESS SPECIAL CATEGORIES OF DATA).
Our lawful basis for processing your special categories of data:
☐ Explicit consent of the data subject GDPR CONSENT FORM ATTACHED
☐ Processing necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
☐ Processing necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent
☐ Processing carried out by a not-for-profit body with a political, philosophical, religious or trade union aim provided that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes); and there is no disclosure to a third party without consent
☐ Processing relates to personal data manifestly made public by the data subject
☐ Processing necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity
☐ Processing necessary for reasons of substantial public interest on the basis of EU or Member State law
☐ Processing necessary for reasons of preventative or occupational medicine, for assessing the working capacity of an employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional
☐ Processing necessary for the reasons of public interest in the area of public health
☐ Processing necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes
More information on lawful processing can be found on the ICO website.
7.0 SHARING YOUR PERSONAL DATA
Your personal data will be treated as strictly confidential, and will be shared only with Local Authorities, Emergency Services (Police, Ambulance, Fire) GP, elected persons with your consent.
8.0 HOW LONG DO WE KEEP YOUR PERSONAL DATA?
(We keep your personal data for no longer than reasonably necessary for a period of up to 6 YEARS in order to COMPLY WITH OUR POLICIES AND PROCEDURES AND LEGAL OBLIGATIONS. Examples include: in case of any legal claims/complaints; for safeguarding purposes etc).
9.0 PROVIDING US WITH YOUR PERSONAL DATA
We require your personal data as it is a statutory and contractual requirement, and a requirement necessary to enter into a contract.
10.0 YOUR RIGHTS AND YOUR PERSONAL DATA
10.1 Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
• The right to request a copy of the personal data which we hold about you;
• The right to request that we correct any personal data if it is found to be inaccurate or out of date;
• The right to request your personal data is erased where it is no longer necessary to retain such data;
• (THE RIGHT TO WITHDRAW YOUR CONSENT TO THE PROCESSING AT ANY TIME, WHERE CONSENT WAS YOUR LAWFUL BASIS FOR PROCESSING THE DATA);
• The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
• The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).
11.0 Transfer of Data Abroad
WE DO NOT TRANSFER PERSONAL DATA OUTSIDE THE EEA.
12.0 AUTOMATED DECISION MAKING
WE DO NOT USE ANY FORM OF AUTOMATED DECISION MAKING IN OUR BUSINESS.
13.0 FURTHER PROCESSING
13.1 If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
15.0 HOW TO MAKE A COMPLAINT
15.1 To exercise all relevant rights, queries or complaints please in the first instance contact our (DATA PROTECTION OFFICER/OUR DATA REPRESENTATIVE) on 0203 640 7722.
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.