Single Point of Access for Neurodevelopmental Assessment - Privacy Statement

What information do we need? 

Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer can be contacted at the Council’s headquarters at Kilmory, Lochgilphead PA31 8RT.  The email address is: data.protection@argyll-bute.gov.uk  

With your consent we will process information held by your school or supplied by you. The information will include details such as your name, address, date of birth, Community Health Index number, gender identity, email address, school/nursery, year group, GP name and address, child’s plan information*, relevant reports*, relevant childhood events*, relevant medical diagnoses and family history*. It will also include the name, address, email address, phone numbers, and any interpretation/language needs of whoever looks after you at home. In addition, your school will answer a number of questions about your needs and about your family. It is likely that the answers will include special category data (shown * above).

Why do we need this information?

Your information is being collected for the following purposes:

• To decide who can best help assess your needs and, if appropriate, provide a diagnosis.
• To make a diagnosis if appropriate.
• To assess your needs and recommend ways to support you.

If you do not provide this information then we will be unable to provide those services to you. We will not collect any personal data from you that isn’t needed for delivery of those services.

The legal bases under the UK GDPR for collecting your information in these circumstances are:

Article 6(1)(a) - the data subject has given consent to the processing of his or her personal data for one or more specific purposes.

Article 6(1)(e) - public task on the basis of the obligations to provide appropriate education, communicate with parents, and provide support for pupils with additional needs placed on the Council by: 

• Education (Scotland) Act 1980
• Education (Additional Support for Learning) (Scotland) Act 2004
• Education (Additional Support for Learning) (Scotland) Act 2009
• Equality Act 2010
• Scottish Schools (Parental Involvement) Act 2006
• Standards in Scotland’s Schools etc. Act 2000
• Children and Young People (Scotland) Act 2014

Where special category data is processed it will be under:

Article 9(2)(a) The data subject has given explicit consent to the processing of these personal data for one or more specified purposes

Article 9(2)(g) Special categories of data are being collected for reasons of substantial public interest for aims that are proportionate and which contain appropriate safeguarding measures. The reason in this instance is the safeguarding of children and the protection of their physical, mental or emotional well-being. (DPA 2018 Schedule 1-18)

Article 9(2)(h) & 9(3) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of domestic law or pursuant to contract with a health professional and… are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under domestic law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under domestic law or rules established by national competent bodies.

What will we do with your information?

All of the information we collect from you will be processed by staff in the United Kingdom.  

Your information will be shared with the recipients or categories of recipients listed below:

You should also be aware that your data will be stored on servers located within the United Kingdom; the data will not be processed outside the UK and EEA. We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this is provided on the Council website www.argyll-bute.gov.uk or can be provided in paper format on request to your school.

Artificial Intelligence

The Council has a number of AI (Artificial Intelligence) systems in use, most notably Microsoft Copilot. These systems are used as productivity assistants and the data is kept securely within the Council Network.

These AI systems do not make decisions for the Council. All AI-generated content requires to be manually checked/verified before it is used operationally.

How long will we keep your information?

We will usually keep your information for a minimum of 5 years after you leave school, after this period it will be destroyed under secure arrangements if it is no longer required for the lawful purposes for which it was obtained.  More information on our retention schedule is provided on the Council website (www.argyll-bute.gov.uk ) or can be provided in paper format on request to your school.

Automated Decision Making

No automated decision making or profiling will take place using this data.

Your Rights

When you provide information to the Council, you will have the following rights:

• to withdraw consent at any time, where the legal basis specified above is consent
• to lodge a complaint with the Information Commissioner’s Office
• to request access to your personal data
• to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract
• to request rectification or erasure of your personal data, as so far as the legislation permits

Information Commissioner’s Office

The ICO is the UK’s independent body set up to uphold information rights. 

Information Commissioner’s Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone:  0303 123 1113   
Email:  casework@ico.org.uk

The Information Commissioner’s Office – Scotland

45 Melville Street, Edinburgh, EH3 7HL
Telephone:  0303 123 1115 
Email:  Scotland@ico.org.uk