We keep the Short Breaks Privacy Notice under review. It was last reviewed and updated in May 2023.
The council is the controller for your information unless we specifically state otherwise in this privacy notice.
When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.
If you have any questions about this Privacy Notice contact the council’s Data Protection Officer.
View the privacy and transparency information for all of the City of York Council (CYC).
- Collecting personal data
- Our legal basis for using personal data
- Sharing personal data
- Retaining personal data
- Further processing of personal data
- Your rights relating to personal data
Collecting personal data
We collect and use your personal data from our online forms http://www.yor-ok.org.uk/ShortBreaksApplication and https://www.york.gov.uk/form/ShortBreaks to provide universal and triggered short breaks as well as transport to the short break. For example:
- home phone/mobile phone number
- date of birth
- school/education setting attended
- first half of postcode
- what Short Break you have attended.
- what service you are wanting
- what transport needs you have to attend the short break
We may also collect and use special category data (sensitive data), if relevant to provide this service. For example:
- Racial/ethnic origin
- sexual orientation
- disability/ medical information
- Identified needs both physical and mental
- Key agency involvements
- Project or activity session information
- EHCP or SEN help
- Action plan
We do not use your information for automated decision-making or profiling purposes.
Sometimes we will conduct surveys to get your direct thoughts and opinions on our services. When we do each survey, we will invite you to take part, and this will be classed as asking for your consent to participate.
Your information gathered at the time of the survey will be only used for the purpose of the survey and we will not assume consent for any other purpose.
If we use external companies/3rd parties for a survey, these will be specified in the survey’s privacy notice
We will provide you with a privacy notice for each survey we may ask you to take part in so that you can clearly decide if you want to consent to take part in it.
Personal data collected during the survey will be deleted upon the completion of the survey analysis and will not be stored or used for any other purpose.
Our legal basis for using personal data
Our legal basis for processing your personal data is to exercise our tasks in the public interest and/or to carry out our legal obligations.
Our legal basis for processing your special categories of data (sensitive data) is in the substantial public interest (legal obligations) and/or for the provision of health or social care.
The key legal gateways for statutory duty are found within the following legislation:
- Children Act 1989
- The Breaks for Carers of Disabled Children Regulations 2011
- Chronically Sick and Disabled Persons Act 1970 (‘CSDPA 1970’) Children Act 2004
- Children and Families Act 2014
- Equality Act 2010
- NHS Act 2006 (as amended by the Health and Social Care Act 2012)
- Care Act 2014 (in relation to transition to adult social care
- some of the Schedule 1 conditions for processing special category data require an Appropriate Policy Document (APD) to be in place, that 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
Sharing personal data
To deliver our services to you, we may need to share your information with other council services such as
- youth support services (pupils aged 13+)
- Children & Young People Transport Team
- social care and Early Help teams
- Families Information Service
- our Business Intelligence Unit
We may also need to share your information with external parties such as
- the Department for Education (DfE)
- external providers of our commissioned services
- professionals from health services
- other local authorities
- transport providers
We work with partners to offer a range of Short Breaks opportunities to children and young people with additional needs and disabilities and their families. You can find out more about them at https://www.yor-ok.org.uk/families/Local%20Offer/activities-in-york.htm
We will not pass on your personal data to any third parties for marketing, sales or any other commercial purposes without your prior explicit consent.
We may use the information we collect from you for reporting, research and statistical purposes. When we do this, it will be anonymised which means the information will be turned into a form that cannot be linked back to you or your family and does not identify individuals
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 or tax investigations
- regulation and licensing
- criminal prosecutions
- court proceedings
Retaining personal data
We only keep your information for as long as it is legally required or in situations where there is no legal timescale, established best practice. As our service is the provision of services or programmes to support the development of children we will keep your information for 25 years. We will then securely and confidentially delete or destroy it.
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.
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.
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.
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