Privacy

Oulton Abbey Privacy Notice

Introduction

As part of the services we offer, we are required to process personal data about our staff, our residents and, in some instances, the friends or relatives of our residents and staff. “Processing” can mean collecting, recording, organising, storing, sharing or destroying data.

We are committed to being transparent about why we need your personal data and what we do with it. This information is set out in this privacy notice. It also explains your rights when it comes to your data.

If you have any concerns or questions, please contact us:

Matron Louise Jones

Residents

What data do we have?

So that we can provide a safe and professional service, we need to keep certain records about you. We may process the following types of data:

Your basic details and contact information e.g. your name, address, date of birth and next of kin;
Your financial details e.g. details of how you pay us for your care or your funding arrangements.

We also record the following data which is classified as “special category”:

Health and social care data about you, which might include both your physical and mental health data.
We may also record data about your race, ethnic origin, sexual orientation or religion.

Why do we have this data?

We need this data so that we can provide high-quality care and support. By law, we need to have a lawful basis for processing your personal data.

We process your data because:

We have a legal obligation to do so – generally under the Health and Social Care Act 2012 or Mental Capacity Act 2005.

We process your special category data because

It is necessary due to social security and social protection law (generally this would be in safeguarding instances);
It is necessary for us to provide and manage social care services;
We are required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations.

We may also process your data with your consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent at any time.

Where do we process your data?

So that we can provide you with high quality care and support we need specific data. This is collected from or shared with:

You or your legal representative(s);
Third parties.

We do this face to face, via phone, via email, via our website, via post, and via application forms.

Third parties are organisations we might lawfully share your data with. These include:

Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, clinical commissioning groups, and other health and care professionals;
The Local Authority;
Your family or friends – with your permission;
Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC;
The police or other law enforcement agencies if we must by law or court order.

Staff

What data do we have?

So that we can provide a safe and professional service, we need to keep certain records about you. We may record the following types of data:

Your basic details and contact information e.g. your name, address, date of birth, National Insurance number and next of kin;
Your financial details e.g. details so that we can pay you, insurance, pension and tax details;
Your training records.

We also record the following data which is classified as “special category”:

Health and social care data about you, which might include both your physical and mental health data – we will only collect this if it is necessary for us to know as your employer, e.g. fit notes or in order for you to claim statutory maternity/paternity pay;
We may also, with your permission, record data about your race, ethnic origin, sexual orientation or religion.

As part of your application you may – depending on your job role – be required to undergo a Disclosure and Barring Service (DBS) check (Criminal Record Check). We keep a record of this data on your personnel file.

Why do we have this data?

We require this data so that we can contact you, pay you and make sure you receive the training and support you need to perform your job. By law, we need to have a lawful basis for processing your personal data.

We process your data because:

We have a legal obligation under UK employment law;
We are required to do so in our performance of a public task;
We have a legitimate interest in processing your data – for example, we provide data about your training;
We are required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations.

We process your special category data because

It is necessary for us to process requests for sick pay or maternity pay.

If we request your criminal records data, it is because we have a legal obligation to do this due to the type of work you do. This is set out in the Data Protection Act 2018 and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. We keep a record of your criminal records information to demonstrate compliance.

Where do we process your data?

As your employer we need specific data. This is collected from or shared with:

You or your legal representative(s);
Third parties.

We do this face to face, via phone, via email, via our website, via post, and via application forms.

Third parties are organisations we have a legal reason to share your data with. These include:

Her Majesty’s Revenue and Customs (HMRC);
Our pension scheme, The Peoples Pension Service;
Our external payroll provider, Walletts;
Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC;
The police or other law enforcement agencies if we have to by law or court order.
The DBS Service through United Medicare.

Friends/Relatives

What data do we have?

As part of our work providing high-quality care and support, it might be necessary that we hold the following information on you:

Your basic details and contact information e.g. your name and address.

Why do we have this data?

By law, we need to have a lawful basis for processing your personal data.

We process your data because we have a legitimate business interest in holding next of kin and lasting power of attorney information about the individuals who use our service and keeping emergency contact details for our staff.

Where do we process your data?

So that we can provide high quality care and support we need specific data. This is collected from or shared with:

You or your legal representative(s);
Third parties.

We do this face to face, via phone, via email, via our website, via post, and via application forms.

Third parties are organisations we have a legal reason to share your data with. These may include:

Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, and other health and care professionals;
The Local Authority;
The police or other law enforcement agencies if we must by law or court order.

Our Website

In order to provide you with the best experience while using our website, we process some data about you.

Your rights

The data that we keep about you is your data and we ensure that we keep it confidential and that it is used appropriately. You have the following rights when it comes to your data:

Right to access your personal information– you can request access to and/or copies of the personal data we hold about you, free of charge (subject to exemptions) and provided to you within 1 calendar month. We request that you provide us with adequate information ,ideally in writing, to process your request, such as providing full name, address, date of birth, NHS number and details of your request and, where necessary, any documents to verify your identity so we can process the request efficiently. On processing a request, there may be occasions when information may be withheld if the organisation believes that releasing the information to you could cause serious harm to your physical or mental health. Information may also be withheld if another person (i.e. third party) is identified in the record, and they do not want their information disclosed to you. However, if the other person was acting in their professional capacity in caring for you, in normal circumstances they could not prevent you from having access to that information.

Right to rectification – The correction of personal data when incorrect, out of date or incomplete will be acted upon within 1 calendar month of receipt of such a request. Please ensure Oulton Abbey Care Home always has the correct contact details for you .

Right to erasure – Under Article 17 of the GDPR individuals have the right to have personal data erased. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances, for example when your personal data is no longer necessary for the purpose which it was originally collected or processed it for of if you wish to withdraw your consent after you have previously given your consent. We retain our data in line with the Information Governance Alliance’s guidelines (https://digital.nhs.uk/data-and-information/looking-after-information/data-security-and-information-governance/codes-of-practice-for-handling-information-in-health-and-care/records-management-code-of-practice-for-health-and-social-care-2016)

Right to restrict processing – Article 18 of the GDPR gives individuals the right to restrict the processing of their personal data in certain circumstances. This means that you can limit the way that the practice uses your data. This is an alternative to requesting the erasure of your data. Individuals have the right to restrict the processing of their personal data where they have a reason for wanting the restriction.
Right to data portability – The right to data portability gives individuals the right to receive personal data they have provided to the Practice in a structured, commonly used and machine-readable format (i.e. email, upload to a portable device etc.)

Right to be informed – you have the right to be informed on how we handle, process and share your personal information; this privacy notice ensures we as a practice satisfy this right.

Right to object to processing – you have the right to object to processing however please note if we can demonstrate compelling legitimate grounds which outweighs the interest of you then processing can continue. If we didn’t process any information about you and your health care if would be very difficult for us to care and treat you.

Rights in relation to automated decision making and profiling – Automated individual decision-making is a decision made by automated means (i.e. a computer system) without any human involvement.

You may need to provide adequate information for our staff to be able to identify you, for example, a passport or driver’s licence. This is to make sure that data is not shared with the wrong person inappropriately. We will always respond to your request as soon as possible and at the latest within one month.

If you would like to complain about how we have dealt with your request, please contact:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

https://ico.org.uk/global/contact-us/

To request a copy or request access to information we hold about you and / or to request information to be corrected if it is inaccurate, please contact:

Information Governance lead

C/O the Administration Assistant

Oulton Abbey Care Home

Kibblestone Road

Oulton

Stone

ST15 8UW

Tel: 01785 814192

Email Info@oultonabbeycarehome.org