Adult Social Care privacy notice

Adult Social Care aims to help residents stay independent and safe in the community for as long as possible and to improve their well-being. We do this by working with a number of agencies in the public, private and voluntary sector to organise the appropriate level of care.

Working with a range of agencies means we can personalise the care and support you receive, and offer you flexibility, choice, and control.

We keep records on you so we can:

• plan and provide appropriate care and support
• work with you and our colleagues to deliver high quality care
• provide you with safe and effective care

Westminster City Council Adult Social Care service collects and processes personal information about you. The council is registered as a data controller under the Data Protection Act 2018.

This privacy notice broadly explains what information we collect, the purpose for processing it, and the types of personal information and who we may share it with.

It applies to all personal information collected for or on behalf of the council whether by letter, email, face-to-face, telephone, online or any other method.

Purpose for processing your information

By processing we mean the organisation, retrieval, consultation, use and deletion or destruction of information and its disclosure to other agencies necessary for tasks to be carried out in the public interest or for the provision of health or social care services.

Your personal information is only used for a specified purpose(s) but if we intend to use it for any other new purposes we will normally ask you first. In some cases the Council may wish to use your information in an anonymised form which does not identify you for another purpose such as improving and developing services.

We will only share information where it is appropriate and legal to do so. We may also share information, for example, if there is a risk of serious harm or threat to life, for the prevention and detection of fraud or crime, assessment of any tax or duty or if we are required to do so by any court or law.  Where this is necessary, we are required to comply with all aspects of the data protection laws.

Where practicable and reasonable we will always seek to inform you of any significant proposed changes to how we process or intend to process your personal data.

Categories of personal information we collect

The categories of personal information that we collect and use may include the following:

• personal and family details
• lifestyle and social circumstances
• financial details
• employment and education details
• housing needs
• visual images
• details of personal appearance and behaviour
• case file information

We may also collect and share additional information known as ‘special categories of personal data’ where appropriate including:

• health assessment
• professional’s referrals
• mental capacity assessments
• racial or ethnic origin
• religion
• sexual orientation
• biometrics (where used for ID purposes)

The council relies on Article 6(1)(e) – Public task to process your personal data. For any special category of personal data that is processed, the council relies on the condition under Article 9(2)(h) of the UK GDPR. 

How we collect your information

We may collect information about you in various formats, for example by letter, email, face-to-face meetings or visits to your home, telephone, or on-line forms. 

Who we may share the information with

To meet our statutory obligations under law, as well as to provide you with a service where appropriate, we may need to share the information you provide us with other professionals such as:

• general practitioners and other health professionals (including hospitals and mental health trusts)
• commissioned health care providers
• other commissioned services such as home care, care home, day care and transport providers
• internal departments within Westminster City Council
• government departments including the Department for Work and Pensions, the Department of Health and Social Care, the Ministry of Housing Communities and Local Government or the Ministry of Justice
• the Metropolitan Police Service and other police services
• the London Fire Brigade and other fire services
• probation services
• other local authorities (Children and Adults Social Care and Education departments)
• NHS England
• communication providers (for the rollout of the national digital switchover)

Information may be shared with Health partners using the Whole Systems Integrated Care Record (WSIC), visit the NHS North West London ICS website to find out more.

We will only share your information with internal departments and other service providers, contractors and/or partner bodies where it is necessary:

• to comply with a legal obligation
• to provide you with a service you have requested
• where permitted under the Data Protection Act 2018
• where the disclosure is necessary for the purposes of the prevention and/or detection of crime
• where it is necessary to allow a third party working for or on behalf of the council
• to comply with the statutory requirement to regularly submit data to NHS England for the Client Level Data return

The Client Level Data return is a statutory return that is being piloted by NHS Digital. Unlike current returns, it requires the submission of person identifiable information. Please see the Client Level Data Privacy Notice for further information.

We will strive to ensure that any personal data in our care will be kept safe and that where your information is disclosed to a third party, we will seek to ensure that the third party has sufficient systems and procedures in place to prevent the loss or damage of personal data.

We will not use your personal data for third party marketing purposes without your prior express consent.

How long do we keep your information?

We will only keep your information for as long as is required by law and to provide you with the necessary services in line with our stated retention policy. 

Your rights and access to your information

You have the right to request a copy of the information that we hold about you. 

The Data Protection Act 2018 also gives you additional rights that refer to how the Council holds and uses your information.

Consequently, under certain circumstances, by law you have the right to:

• the right to object and restrict further processing of your data; however, this may affect service delivery to you.
• request to have your data deleted where there is no compelling reason for its continued processing and provided that there are no legitimate grounds for retaining it.
• request your data to be rectified if it is inaccurate or incomplete
• have your data transferred or copied should you move to another authority
• not be subject to automated decision-making including profiling

For more information about how to submit a Subject Access Request please contact:

post: Data Protection Team Information Services, Westminster City Council, 64 Victoria Street, London, SW1E 6QP

email: [email protected]

If you have any concerns or queries about data protection

Please send an email to this address for further details:

[email protected]

You have the right to comment or complain to us if you think we have not complied with our obligation for handling your personal information. Please contact us at:

• post: Customer Engagement Team, Westminster City Hall, 64 Victoria Street, London, SW1E 6QP
• phone: 0800 587 0072
• email: [email protected]

The Information Commissioner is the UK's independent body set up to uphold information rights. If you have any concerns regarding our privacy practices or about exercising your Data Protection rights, you may contact them:

• post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• phone: 0303 123 1113 or 0162 554 5745
• website: ico.org.uk

Changes in your circumstances

You must notify us immediately if there are any changes in your circumstances and personal details so we can maintain an accurate and up to date record of your information.

Your records: your rights

You can read more about how we use your information and about your rights in this leaflet available on the People First website.