Everything we do with information about living people – such as how we collect it and who we share it with – has to comply with the Data Protection Act. A key part of this is being open about how we use information and what rights you have in respect of it.
This notice tells you what information we collect and process about you when you ask for or get help from our Adult Social Care services.
What information do we hold
We collect and process information about people who have agreed to have support from our Adult Social Care services or who have been referred to our adult safeguarding services by others concerned for their welfare. The information we hold about you varies according to the service you are having but might include the following -
- Date of Birth
- Contact details
- Next of Kin
- Relationships and details of people who are Next of Kin, including those you have asked to act on your behalf
- Information recorded as part of your referral to our services
- Information recorded in an assessment of your support needs
- Health Information
- Relevant Case Information including records of visits or contacts with you made as part of your care
- Information about your Mental Capacity
- Details about other agencies involved in supporting you
- Financial Information and National Insurance Number
- NHS Number
If you are receiving support from Adult Social Care then the NHS may share your NHS number with Adult Social Care. This is so that the NHS and adult social care are using the same number to identify you whilst providing your care. By using the same number the NHS and adult social care can work together more closely to improve your care and support. We will use this Number in an integrated care record system across a number of support services including GPs, hospitals, community matrons, district nurses and social care practitioners. If you wish to opt-out from the use of your NHS Number for social care purposes, please talk with your practitioner
The information we collect is recorded in paper files, in databases and in electronic folders on Cambridgeshire County Council’s secure network where it is accessible only to staff who need to see it to do their jobs. Staff who visit you might keep paper notes about their conversation with you but these will usually be destroyed once relevant information is transcribed to our electronic systems. Some of the information in our databases can be accessed remotely on mobile devices, by staff who visit you in your home.
Why do we have it and what do we use it for
If you approach the Council for help we will need to process your information to meet our statutory duties to you as outlined in the Care Act 2014 and the Mental Capacity Act 2005.
The Care Act 2014 places a duty on us to work closely with Health colleagues to ensure the best level of care is delivered to our citizens. It also requires us to consider whether any universal preventative services or other services available locally could help adults and older people stay well for longer and to safeguard people from harm. The Mental Capacity Act requires us to ensure that people make their own decisions about care and support wherever possible and to ensure that where they cannot, decisions are made for them in their best interests.
We use the information we have about you or your representative to assess your care needs, to draw up a plan of support with you, manage and monitor the quality of our services and to make our statutory statistical returns to government.
We collect only the information that we need to carry out these functions and we ensure that it is used and stored safely and securely.
All staff who have access to information about you will have received training on data protection and information security and they work to a code of conduct which requires them to respect the confidentiality of the information about you that they have access to in order to do their jobs.
Who we share information with and why
In order to deliver the services you request, agree to having from us, or which we are required by law to deliver we will share information about you with the following people and agencies who know you or who might be able to help you.
- Hospitals and community health services
- Your GP
- Care home providers
- Family members and other people who might be helping care for you
- Members of community or voluntary services
- Housing providers
- The Police
- Our finance and legal departments
- National Government Departments
- Independent regulators or investigators where this is necessary to deal with complaints
We will always talk to you about who we are sharing information with as this will vary depending on the services you are having and we will always try to respect your wishes in regard to who we share information with. However, it is important to remember that if the council are not able to pass your information to other organisations, this may then reduce the options available, delay, or on occasion prevent you from getting the help you need.
In certain circumstances your personal information may need to be shared against your wishes if there is a legal requirement for us to do so. The council must give information to courts if there are legal proceedings or a court order, to prevent crime, or if there is a risk of harm to you or another person.
Many of the services we deliver are fully integrated with health. This means that where you are receiving support from both health and social care, records made about you might be accessible by both health and social care professionals. We enable access to shared records in order to prevent you from having to tell your story more than once to different people, and to make sure that the people supporting you know everything they need to in order to support you well.
All information sharing is done with reference to the principles set out in the Cambridgeshire and Peterborough Information Sharing Framework (add a link). This requires anyone we share information with, or who uses it on our behalf, to adhere to Data Protection law and to handle information securely.
The sharing of information in health and social care is guided by the Caldicott principles. These are:
- Principle 1 - Justify the purpose(s) for using confidential information
- Principle 2 - Don't use personal confidential data unless it is absolutely necessary
- Principle 3 - Use the minimum necessary personal confidential data
- Principle 4 - Access to personal confidential data should be on a strict need-to-know basis
- Principle 5 - Everyone with access to personal confidential data should be aware of their responsibilities
- Principle 6 - Comply with the law
- Principle 7 - The duty to share information can be as important as the duty to protect patient confidentiality
We receive information about adults who might be at risk of harm via our Multi-Agency Safeguarding Hub (MASH). Our safeguarding duties mean that we will share information with a range of partners including the police, housing, drug and alcohol services in order to assess risk and to make sure that where necessary actions to safeguard are taken promptly. We are required to do this by law (Care Act).
How long we keep hold of information for
We only keep information for as long as it is needed. This will be based on either a legal requirement (where a law says we have to keep information for a specific period of time) or accepted business practice. For most records we make about your support from Adult Services this will be for 7 years after we have ceased to work with you. More detail can be found in our retention schedule.
NHS National Data Opt-out
Alongside your Right to Object, the NHS National Data Opt-out Programme gives you the right to opt out of your confidential patient information being used for reasons other than their individual care and treatment (such as for research and planning purposes). Patients and the public will be able to use the national system from 25 May 2018. All health and care organisations will be required to uphold patient and public choices by March 2020.
Under Data Protection Legislation you have the following rights:
- Right of access (to receive a copy of your personal data)
- Right to rectification (to request data is corrected inaccurate)
- Right to erasure (to request that data is deleted)
- Right to restrict processing (to request we don’t use your data in a certain way)
- Right to data portability (in some cases, you can ask to receive a copy of your data in a commonly-used electronic format so that it can be given to someone else)
- Right to object (generally to make a complaint about any aspect of our use of your data)
- Right to have explained if there will be any automated decision-making, including profiling, based on your data and for the logic behind this to be explained to you.
Any such request can be submitted to the Data Protection Officer. Whether we can agree to your request will depend on the specific circumstances and if we cannot then we will explain the reasons why.
If you are unhappy with any aspect of how your information has been collected and/or used, you can make a complaint to the Data Protection Officer. You can also report concerns to the national regulator, the Information Commissioner’s Office. Their details can be found on their website.
To contact our Data Protection Officer
Email: [email protected]
Phone: 01223 699137.
Write to: Data Protection Officer, Info and Records Team, OCT1224, Cambridgeshire County Council, Shire Hall, Cambridge, CB3 0AP