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Adult Social Care Services privacy notice

How your personal Information is used by Adult Social Care Services (Aged 16+)

Here at Midlothian Council, we take your privacy seriously. Under the Data Protection Act 2018, you have a right to know how we collect, use and share your personal data. The information below provides a general description of the kinds of personal data we collect in Health and Social Care Services (including Criminal Justice Services) as we provide social care services to vulnerable people, and how we might use and share it.

You can find more detailed information about how and why we use your data in individual Privacy Notices, which we issue when we collect your data. The information we collect will depend on the work we need to do, or the service you get from us, and a list of individual service privacy notices can be found below.

Service-specific privacy notices

Our Privacy Promise

We promise to collect, process, store and share your data safely and securely.

What lets us collect your information?

We have a legal duty to provide social care services. When we do this we are generally working under the following legislation:

  • Adults With Incapacity (Scotland) Act 2000
  • Adult Support and Protection (Scotland) Act 2007
  • Crime and Disorder Act 1998
  • Criminal Procedure (Scotland) Act 1995
  • Disability Discrimination Act 1995
  • Mental Health (Care and Treatment) (Scotland) Act 2003
  • Social Care (Self-directed Support) (Scotland) Act 2013
  • Social Work (Scotland) Act 1968
  • Public Bodies (Joint Working) (Scotland) Act 2014
  • Welfare Reform Act 2012
  • Immigration and Asylum Act 1999
  • Community Justice (Scotland) Act 2016
  • Community Empowerment (Scotland) Act 2015
  • Children (Scotland) Act 1995
  • Children and Young People (Scotland) Act 2014
  • Carers (Scotland) Act 2016

What kinds of personal data do we collect?

The personal data we collect might include your name, date of birth, address, National Insurance number, CHI number or other information that identifies you.  If necessary, we might also collect what is called ‘special category’ data – that is, sensitive information such as medical/health information. We will always make it clear what information we are collecting, how we will use it, and why and with whom we will share it through a service-specific Privacy Notice.

How do we collect your personal data?

We collect your personal data in many different ways. You might give us your personal data yourself, by entering your information in a form on the Council website or by contacting a Council officer in person, in writing or over the phone. We might also receive your personal data from other agencies or local authorities. If we share information regularly with another organisation, the conditions for sharing your personal data are set out in an Information Sharing Agreement.

How do we use your personal data?

Your personal data may be used so that Health and Social Care Services can deliver its main functions. These functions include providing services for adults aged 16+ in the following categories:

  • Adults with disabilities
  • Occupational therapy services
  • Substance misuse and addiction services
  • Adult support and protection
  • Mental health services
  • Self-directed support
  • Community Safety services
  • Criminal Justice services
  • Homecare services
  • Care and support for older people
  • Financial information used to determine charges
  • Residential and extra care housing
  • Day services
  • Support for carers
  • Information and advice services

Specific information about how we use your personal data is covered in service-specific Privacy Notices.

Why do we share your personal data?

We might share your personal data in order to effectively deliver our services.  This might be because another agency has been contracted to provide a service, or because responsibility for particular services is shared across multiple agencies or authorities, such as adult protection, and health services as part of the Integrated Joint Board/Health and Social Care Partnership.

Specific information about how and why your personal data is shared is covered in service-specific Privacy Notices.

With whom do we share your personal data?

If necessary, we might share your personal data with other agencies and authorities, depending on the service being provided. As a result of the Public Bodies (Joint Working) (Scotland) Act 2014 health and social work/care services are now managed on an integrated basis, with joint teams and management arrangements in place. We will continue to only share your personal data if it is necessary to do so, and the appropriate conditions have been met.

In general, the external bodies with whom we share information might include:

  • Other Local Authorities
  • Central government or government agencies
  • Regulators
  • NHS
  • Police
  • Courts
  • Solicitors
  • Professional forums
  • Care Inspectorate
  • Charities and advice organisations / third sector partner organisations
  • Associations, such as Housing Associations
  • Contractors
  • Councillors
  • Landlords, hostels and accommodation providers
  • Foster carers

Personal data also might be shared between Midlothian Council services, including Schools.

Specific information about other bodies with whom we share your personal data is covered in service-specific Privacy Notices.

How long do we keep your personal data?

Your personal data is kept in line with Midlothian Council’s Retention Schedule. The retention schedule sets out the kinds of information the Council creates and uses, how long it should be kept, and what should be done with it at the end of its ‘life’.

Further information

You can find out more about how we use your information to detect and prevent fraud or crime, information collected through our website, recorded telephone calls, CCTV, the rights you have under the Data Protection Act, and how to contact us by referring to the overarching Midlothian Privacy Notice.