Your Personal Data
A new data protection law is being introduced on 25th May 2018. As a result, we've updated our Privacy Notice to make it easier for you to find out how we use, process and protect your information.
Information held about you
Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:
Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT.
Telephone: 01546 604188 or 01546 605522
The information we collect from you will include details such as your name, date of birth, national insurance number, address, e-mail address, other household members, contacts, capital and income (owned or jointly owned), including property details.
Why we need this information
We will use this data to process your application and may check some of the information with other sources, such as the Department for Work and Pensions and Banks and Building Societies to ensure this data is accurate.
We need to know this personal data in order to
- Assess your initial and ongoing entitlement to receive funding assistance towards your residential care costs.
- To determine your entitlement to receive Free Personal and/or Nursing Care Subsidy.
Do you have to provide your information?
If you do not provide this information then we will be unable to provide funding assistance towards your Residential Care Costs. We will not collect any personal data from you that isn’t needed for delivery of those services.
Who will process your information?
The personal information you give to us through any of our forms relating to residential care costs and any other personal information we hold about you in this context will be processed by Argyll and Bute Council staff. There may be times when staff employed by other organisations may process your application, If this is the case the Council will ensure that the terms of its contract with the other organisation include provision for data security under the terms of the General Data Protection Regulations (GDPR) and that the organisation complies with the law.
Providing accurate information
It is important that we hold accurate up to date information about you in order to carry out an accurate assessment of your resources. If any of your details have changed, or change in the future, please ensure that you tell us as soon as possible so that we can update your records.
How will we use the information we hold about you?
We will collect information about you (where applicable) to:
- Process your application for funding assistance
- To allow the Council to communicate and provide services appropriate to your needs
- Where processing is necessary to comply with legal obligations for example, the prevention and detection of crime including fraud
- Protect public funds
What is the legal basis for us to process your information?
The legal basis for processing data is:-
Legal Obligation – in terms of
- Part 3 of the National Assistance Act 1948 Section 22
- National Assistance (Assessment of resources) Regulations 1992
- Community Care and Health (Scotland) Act 2002
Public Task - 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 Council
Contractual – the processing is necessary for the performance of a contract with you or to take steps to enter into a contract with you and your care provider.
Who will we share your information with?
To process your claim we share information under our legal obligations and with partner organisations, including:
- Other departments of the Council
- Other organisations or public bodies
- The Department for Works and Pensions (DWP)
- To make any disclosures required by law such as disclosure to the Office of National Statistics
- The National Fraud Initiative (NFI) and other bodies responsible for detecting or preventing fraud or auditing or administering public funds
We will not share your information with other organisations unless there is a legal basis to do so. However, there may be certain circumstances where we would share without your consent, such as where we are required to do so by law to safeguard public safety and in risk of harm or emergency situations. Otherwise outside of the conditions stated, we will not share your information as detailed unless you have provided your written consent to do so.
How long will we keep your information?
We will keep your information for the minimum period necessary. The information outlined in this privacy notice will be kept after all action on your claim has finished and the period required by the Council for legal and audit purposes has passed which is normally 5 years. All information will be held securely and destroyed under confidential conditions.
Do we transfer your information outside the UK?
We do not transfer personal information outside the UK.
When you provide information to the Council, you will have the following rights:
- to withdraw consent at any time, where the lawful basis specified above is consent
- to lodge a complaint with the Information Commissioner’s Office – see below for details
- to request access to your personal data – please contact the Data Protection Officer if you wish to submit a request.
- 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 far as the legislation permits – please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased.
You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.
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
The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone: 0303 123 1115 Email: Scotland@ico.org.uk