We keep the Adult Social Care Privacy Notice under review. It was last reviewed and updated in March 2021.
If you have any questions about this Privacy Notice contact the council’s Data Protection Officer.
View the privacy information for all of the City of York Council (CYC).
The information we collect about you will include, but is not limited to:
- date of birth
- NHS number
- next of kin
- contact details, such as telephone and email
- physical or mental health condition
We may ask you further details where required and appropriate such as:
- religious or other similar beliefs
- National Insurance number (NINO)
- accommodation status
- sexual orientation
- marital status
- financial information
- only ask you for the information that is necessary
- protect it and make sure nobody has access to it who shouldn’t
- ensure you know if you have a choice about giving us information
- make sure we don’t keep it for longer than is necessary
We ask that you:
- give us accurate information
- tell us as soon as possible of any changes
- tell us as soon as possible if you notice mistakes in the information we hold about you
See further details about how we define personal data and non-personal data.
Using personal data
We'll use your information to deliver social care services for adults in compliance with the legal duties of the City of York Council. This includes, but is not limited to:
- assessment of need
- provision of services
- Adults Safeguarding and Deprivation of Liberty Safeguarding processes
- assessing financial eligibility for services
- delivery of a range of preventative services (including Occupational Therapy), information and signposting
We may use the information to create reports and statistics that are anonymous and cannot be linked back to your provision or to individuals, such as:
- informing market development
- statistical analysis
- statutory returns
- knowing we're delivering care to the right people
- ensuring service quality
Our legal basis for using personal data
We use your personal information to ensure that we meet all of our legal and statutory duties including, but not limited to, those which apply under the following legislation and/or contractual agreements:
- The Care Act 2014
- The Health and Social Care Act 2008
- Care Quality Registration Regulations 2009
- The Children's Act 2004
- The Mental Capacity Act 2005
- The Housing Act 2004
- The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
- The Mental Health Act 1983
We will always ask for your explicit consent if we need your information to be used outside the legislation or contractual agreements listed above.
Sharing personal data
We will share your personal information with other council services as appropriate, and with other organisations, agencies, partners such as:
- commissioned partners or contractors who undertake work on our behalf
- The NHS
- other councils, including North Yorkshire County Council’s Emergency Duty Team
This includes organisations or providers that we commission to provide support, such as home care agencies or residential homes. This is because they are delivering support on our behalf.
It is very important that Adult Social Care is able to plan and realign its delivery of services to meet the needs of adults with care and support needs within the City of York. To do this, we carefully use the information we collect about how services are delivered and who is using these services. This also includes the statutory functions of Public Health which is now part of the council’s responsibility.
We have an agreement in place with Attend Anywhere to provide secure online conversations. See the Attend Anywhere privacy statement.
Sharing data with Upstream Health
If, as part of your assessment, you've been offered the Upstream Health Bridgit Watch and/or Home Hub, some data will be shared with Upstream Health.
View the Upstream Health Privacy Notice to see how they will handle the data they collect.
Sharing data under Data Protection legislation
We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:
- law enforcement
- fraud investigations
- regulation and licensing
- criminal prosecutions
- court proceedings
Retaining personal data
We will only keep your personal information for as long as is necessary and then we will delete or destroy it securely.
At the end of the retention period, we may pass any relevant information to the City Archives where it is required or appropriate to do so.
Transferring personal data abroad
As a rule, we do not transfer your personal data to third party processors outside the European Economic Area (EEA).
However, for as long as the provisions of the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020/392 remain in effect, we'll be hosting public virtual meetings and we are currently using Zoom Pro or Business version of Zoom to host meetings (version 5) for that purpose.
Where meetings are recorded, recordings will be kept locally on our server and will not be retained by Zoom.
Some personal data will be stored securely on Zoom’s system in the USA (that is, outside the EEA) in compliance with the EU, USA Privacy Shield Framework. This data may include a user's:
- email address
- telephone number where applicable
- IP address
- MAC address
- other device ID (UDID)
- device type
- operating system type and version
- client version
- type of camera, microphone or speakers
- connection type
Zoom does not sell personal data to third parties; collects only the personal data required to provide Zoom services; and retains that data only for so long as is necessary for the provision of those services.
Further processing of personal data
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we'll provide you with a new notice.
The new notice will:
- explain this new use before we start the processing
- set out the relevant purposes and processing conditions
Where and whenever necessary, we'll seek your consent to the new processing, if we start to use your personal data for a purpose not mentioned in this Privacy Notice.
See details of our Caldicott Guardians, responsible for protecting the confidentiality of people’s health and care information, and making sure such data is used properly.
Use of your NHS Number in Adult Social Care
See further details about how we use your NHS number in connection with Adult Social Care services.
Your rights relating to personal data
When we collect your personal data we'll tell you how we are going to use it. Where we process your personal data, you have a number of rights under data protection law.