Privacy notice - social services (adults) and housing practitioners

North Somerset Council is registered with the Information Commissioner’s Office for the purposes of processing personal data. 

This privacy notice provides information on the collection of data during meetings with adult social service and housing practitioners. Under certain circumstances we may seek your permission to audio record our meetings. Some of our meetings are minuted by hand or using a word processor. 

Protecting your privacy and personal data is of the utmost importance, and this notice outlines the measures taken to ensure that all data is handled in compliance with applicable privacy laws and regulations.

When we meet with you, we often make handwritten/word processed notes to support us to create an accurate record of our conversation on our electronic case management system. If an adult social service and housing practitioner has a disability, they may require reasonable adjustments to be made which could include the need to record meetings and/or assessments with you. The practitioner will use the recording to refer back to it when writing a report/assessment. 

You will be fully informed about the recording process before any recording begins. We will provide you with clear information about why practitioners need to record you, how the recording will be used, and how long the recording will be kept. A record of these conversations will be stored alongside your records on our recording system. All audio recordings are made on devices supplied by North Somerset Council. 

You can choose to object to the recording. If you do not want to be recorded, then the social services and housing practitioner would not be able to record the session. In the event that this becomes a barrier to engagement with Adult Social Services and Housing, consideration will be made for re-allocation to another practitioner.

Information from handwritten/word processed minutes/notes and/or audio recordings are used for the administration of your adult care service, our statutory duty under the Care Act (2014), Mental Capacity Act (2005) and the Mental Health Acts (1983 & 2007), in accordance with Article 6(1)(c) of GDPR. The processing of this information is lawful as it is necessary for the provision of adult social care services (GDPR Article 6(1)(d) and Article 9(2)(h)).

The information you provide will be held and used in accordance with the requirements of UK and European data protection law. Handwritten/word processed notes and information stored on the recording device will be typed up onto your adult social service and housing record. The information will form part of your adult social service and housing record. 

All handwritten/word processed and/or audio recordings will be stored securely to prevent unauthorised access, alteration, disclosure, or destruction. Handwritten/word processed notes and/or audio recordings will be kept for no longer than is necessary for the purposes for which they were collected. Once the notes and/or recordings are no longer needed, they will be securely deleted. 

Access to all notes and/or recordings is limited to authorised personnel who are bound by confidentiality obligations. Individuals have the right to access their personal data, request correction and/or deletion. If you wish to exercise any of these rights, please contact our Data Protection Officer.

The data recorded on our electronic recording system will be held for no longer than seven years after the closure of social care involvement, with the exception of mental health assessment files, which we are obliged to keep for 20 years in accordance with the requirements of the Mental Health Acts 1983 and 2007.

The recorded information will be used for the administration of your adult care service, our statutory duty under the Care Act (2014), Mental Capacity Act (2005) and the Mental Health Acts (1983 & 2007), in accordance with Article 6(1)(c) of GDPR. The processing of this information is lawful as it is necessary for the provision of adult social care service (GDPR Article 6(1)(d) and Article 9(2)(h)).

We will not use your personal information in a way that may cause you unwarranted nuisance. Failure to provide the information could result in difficulties in providing necessary care services to you.

Information in your adult social service and housing records will be used solely for the purposes outlined above. They will not be shared with third parties without the explicit consent of the individuals recorded, unless required by law.

The information provided may be shared with GPs, community health providers (such as district health nurses or therapists), the Avon and Wiltshire Mental Health Partnership Trust, acute hospital trusts who have demonstrated that they have a lawful and legitimate interest in the information, for the purposes of delivery of care and support services. 

We may also share your information with pharmacists, or specialist NHS service providers, such as a brain injury unit or spinal injury unit as appropriate, for the continued provision of your care. We also have a legal obligation to share information with our local safeguarding board or the police, where we have legitimate concerns about an individual's welfare. Where you agree to receive a carer's assessment, your information will be shared with Carers Support Alliance, for them to be able to carry out the carer's assessment. Your data is never shared or processed outside of the UK.

We may lawfully disclose information to public sector agencies to prevent or detect fraud or other crime, or to support the national fraud initiatives and protect public funds under the Local Audit and Accountability Act 2014. Under the conditions of the Digital Economy Act 2017, we may also share personal data provided to us with other public authorities as defined in the act, for the purposes of fraud or crime detection or prevention, to recover monies owed to us, to improve public service delivery, or for statistical research. We do not share the information with other organisations for commercial purposes.

This privacy notice may be updated from time to time. Any changes will be communicated to the individuals affected.

Your rights

You have the right to see the personal data we process about you, as well as the right of rectification and restriction (to destruction of records only).

If you have any questions or concerns about the way we process your personal data, our Data Protection Officer can be contacted at DPO@n-somerset.gov.uk.