Kent adult social care and health (third parties) privacy notice

This notice is for people such as family members, carers and other people whose information we may receive through the course of working with an individual and explains what personal data (information) we hold about you, how we collect, how we use and may share information about you.  We are required to give you this information under data protection law.

Who we are

Kent County Council (KCC) collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws. Our Data Protection Officer is Benjamin Watts.

Kent Adult Social Care and Health will work with you to promote the health and wellbeing of all persons, designing services together that both suit and meet needs. Kent aims to be a county of opportunity, where aspiration rather than dependency is supported and quality of life is high for everyone. We will work to understand and break down the barriers that stop this from happening.

Personal information we collect and use

Information collected by us

In the course of our work, we may collect and record the following personal information when it is provided to us by yourself or by others:

Personal data

  • personal information e.g: your name, address, telephone number, date of birth (when relevant)
  • contact details for your support network, if you are registered with us as a carer or host
  • information about your finances, e.g. bank details, income, benefits (if you are considering making a Third Party Top up)
  • information about you and your circumstances (if relevant)
  • information relating to a person’s general background e.g. when we are approving a Shared Lives Host and explore their upbringing and significant friend/family relationships

In some circumstances, such as when you are a carer or host, we may also collect ‘Special Categories of Personal Data’:

  • information such as your racial or ethnic origin, religious or philosophical beliefs, your sexual orientation
  • information about any health conditions or disabilities that may apply to you
  • information about any health and safety or safeguarding concerns that may be relevant
  • information about your needs and wishes

Collecting and sharing your personal information

In the course of working with you, we may collect information from, or share it, with some of the following third parties (non exhaustive list):

  • advocates, deputies, legal power of attorney
  • borough councils, housing associations and landlords
  • cabinet members
  • Care Quality Commission (CQC)
  • central government
  • county councillors
  • Department for Work and Pensions (DWP)
  • external providers
  • family members and carers
  • internal teams, such as case management, finance and Shared Lives
  • Kent and Medway Safeguarding Adults Board (KMSAB)
  • Kent Safeguarding Children Board (KSCB)
  • legal representatives, such as solicitors
  • local government ombudsman
  • MPs
  • 'Nearest Relative'
  • NHS providers, such as GPs and hospitals
  • other professionals
  • partner agencies, such as volunteer organisations and statutory organisations
  • schools

The Kent and Medway Safeguarding Adults Board (KMSAB) is a statutory service which exists to make sure that all member agencies are working together to help keep Kent and Medway's adults safe from harm and protect their rights.

We will share personal information with law enforcement or other authorities if required by applicable law.

How we use your personal information

For all 'third parties'

We use your personal information to:

  • process complaints and compliments regarding the services we have provided
    • details contained in care records and correspondence received
  • assess your financial contribution to a person’s care (if you are considering making a Third Party Top Up)
    • information about your finances, e.g. bank details, income, benefits
  • liaise with agencies, companies and charities on your behalf
    • relevant personal information held on our systems
  • work with you to create a Care and Support Plan for a person
    • details contained in your care records and conversations held]
  • analyse the service that we are providing
    • statistical reports output by our computer systems
  • during the course of approving a Shared Lives Host
    • information provided to us by the Host we are approving/background information - including details of significant friends and family and information that relates to the Host’s upbringing

If you are a carer

We use your personal information to:

  • create a secure and comprehensive record of all of the work that we do with and for you
    • your name, address, telephone number, date of birth etc.
    • contact details for members of your family and support network
  • fully understand your needs 
    • information about you and your circumstances
    • information about your needs and wishes
    • information such as your racial or ethnic origin, religious or philosophical beliefs, your sexual orientation
  • arrange respite
    • details contained in care records and conversations held
  • promote your health and wellbeing in partnership with the Kent and Medway Partnership Trust (KMPT), the NHS and North East London Foundation Trust (NELFT)
    • information about any health conditions or disabilities that may apply to you, including your mental health

The sharing of information facilitates a joined up approach with partner agencies, to provide you and those whom you care about, with the best possible care and support.

How long your personal data will be kept

Records containing your data will be retained on the file of the person who is receiving services from KCC where you have been named. Their records will be kept for no longer than ten years from their last involvement with social care.

Reasons we can collect and use your personal information

When we collect your personal data, we rely on the following legal bases:

  • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
  • processing is necessary for compliance with a legal obligation to which the controller is subject

When we collect your ‘special categories of personal data’, (such as health, race, ethnicity, sexual orientation) we rely on the following legal bases:

  • processing is necessary for reasons of substantial public interest (safeguarding of children and of individuals at risk)
  • processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services

These legal bases are underpinned by acts of legislation that dictate what actions can and should be taken by local authorities, including:

  • the Care Act, 2014
  • the Health and Social Care Act, 2015
  • the Children’s Act, 1989
  • the Localism Act, 2011
  • the Data Protection Act, 2018
  • the Human Rights Act, 1998
  • the Mental Health Act, 1983 (Amended 2007)
  • the Mental Capacity Act, 2005

As we have a statutory basis for collecting your personal data, we do not need to ask for your permission to collect and share it, however we will only ever share your data on a basis of need, in line with legislation and will work transparently with you at all times.

If you do not provide your data, it will limit the effectiveness of the services and support that we are able to offer you.

NHS and care services

To find out more about the NHS’ wider use of confidential personal information and to register your choice to opt out if you do not want your data to be used in this way, visit the NHS website. If you do choose to opt out you can still consent to your data being used for specific purposes.

Your rights

Under GDPR you have rights which you can exercise free of charge which allow you to:

  • know what we are doing with your information and why we are doing it
  • ask to see what information we hold about you (subject access request)
  • ask us to correct any mistakes in the information we hold about you
  • object to direct marketing
  • make a complaint to the Information Commissioner's Office

Depending on our reason for using your information you may also be entitled to:

  • ask us to delete information we hold about you
  • have your information transferred electronically to yourself or to another organisation
  • object to decisions being made that significantly affect you
  • object to how we are using your information
  • stop us using your information in certain ways

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note, your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under GDPR.

If you would like to exercise a right, please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Contact

Please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.

You can contact our Data Protection Officer, Benjamin Watts, at dpo@kent.gov.uk, or write to: Data Protection Officer, Sessions House, Maidstone, Kent ME14 1XQ.

GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted on 03031 231113.

Read our corporate privacy statement.