City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) – reference Z5809563.
We regularly review this privacy notice, and it was last updated in December 2023.
CYC is committed to ensuring that personal data is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).
The council has a contract with Changing Lives to provide the YDAS and for the purposes of data protection legislation the council is the controller and Changing Lives is the processor to provide the YDAS and are both responsible to you under the law for that processing.
However, where there is a requirement or an opportunity to provide you with other services by either the council or Changing Lives, this means we may make decisions regarding certain processing of your personal information independently of each other and where we do that, we will each be solely responsible for that.
You can contact the council’s Data Protection Officer at:
West OfficesStation Rise
York
YO1 6GA
Telephone: 01904 554145.
Email: information.governance@york.gov.uk.
This privacy notice should be read in conjunction with other relevant CYC privacy notices and/or policies and procedures.
When appropriate we 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 get information about you from the following sources:
- directly from you
- from other organisations e.g. 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
Changing Lives will use your information to provide you with drug and alcohol treatment and recovery services.
We will only ask for what is necessary for the service we are providing to you - this may simply mean providing your name and address but for some services, we will need more details and sometimes special categories of personal data e.g., information about your health.
Where we process data relating to criminal convictions and offences, this includes details of any past criminal convictions or offences.
From time to time, information provided by clients will be used by Changing Lives and the council to examine the outcomes of particular aspects of the service and the characteristics of people accessing it to inform future service design and funding decisions.
You can withdraw from the service at any time. If you no longer want to receive the service, please speak to your Support Worker. Alternatively, email: york-info@changing-lives.org.uk or telephone: 01904 464680.
Any information that is included in presentations, reports and statistics for publication or use outside of the authorised council staff will be anonymised and cannot be linked back to you, your family, or individuals. Reports containing anonymous information may also be shared with the public and other organisations.
Automated decision-making
We do not carry out any automated decision-making without any human intervention in the YDAS.
Collecting information automatically
Please see our Cookies Policy for further information about the information we collect automatically when you use our website.
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 bases we use are:
- Public Task – because we have “a duty to improve the health of the people and responsibility for commissioning appropriate public health services"
- Legitimate Interest - because we have a legitimate interest in using your personal data to deliver the service to you
- Vital Interest – because this applies where processing personal data is necessary to protect someone's life, for example where medical treatment is required and the client is incapable of providing it themselves
- Consent – for sharing your information with the National Drugs Treatment Monitoring System (NDTMS) or with other local services that may be of interest to you, we will ask for your consent
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.
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.
Our Appropriate Policy Document provides further information about this processing.
How long we keep your personal data
We will hold your information on a secure database, and we will also keep paper files where necessary. All records are kept securely and will only be accessible to those people who need access to deliver the service.
We will keep your personal information for 7 years after your record has been closed or where there has been no interaction with you in that time. We will delete and destroy it securely.
Data sharing
Where appropriate we will share your information for the reasons set out in this privacy notice with:
- 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
- Recovery/Rough Sleeper Navigators through City of York Council
- our Public Health Team
- our Business Intelligence Hub
- Cyber Media - IT system provider
- TEWV (Tees Esk and Wear Valley) Mental Health Services
- MEAM (Making Every Adult Matter)
- Changing Lives Housing Services (if you are residing in a CL property)
- CYC Local Area Co-ordinators
- CYC Housing Services
- CYC Adults and Children's Social Care, Adults and Children Safeguarding Teams
- CYC Youth Justice Team
- 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, 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.
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.
Transfers of personal data
We do not routinely transfer personal data outside of the UK but when this is necessary, we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.
How we protect your information
We're 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.
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