Privacy notice for charging for care, financial assessments, debt management and Court of Protection

Devon County Council (DCC) is collecting and or processing your personal data as a data controller under Data Protection Legislation and our ICO registration number is Z6475582. This privacy notice concerns the processing of personal data that takes place by the Charging for Care Team.

This notice explains what information we collect, why we collect it and how we keep it secure. It also explains your rights and our legal obligation. Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer.

We will notify you of any changes to this privacy notice

This privacy notice was last updated on 14 April 2021. If we use your personal data for any new purposes, updates will be made to the policy information and changes communicated, where necessary in accordance with current data protection legislation. Any queries relating to this privacy notice please contact the Data Protection Officer.

What information are we processing?

We may collect, store or otherwise process information about you which may include:

  • your name
  • the name of your advocate or personal representative
  • your contact details (email, postal address, telephone number)
  • contact details for your advocate or personal representative
  • information relating to your finances or the finances of the person you are representing
  • relevant medical information about you or the person that you are representing that is necessary to assess your eligibility for care
  • social care information relating to you or the person you are representing

Purpose of collecting or processing your personal data.

We are collecting your personal data for the purposes of:

  • dealing with financial assessments
  • invoicing individuals
  • following up unpaid invoices in accordance with our statutory duties and debt recovery procedures
  • acting as the court-appointed deputy for individuals’ property and financial affairs. To act in their best interests and in accordance with any court orders

The legal basis for us collecting your personal data

The Council has statutory powers under the Mental Capacity Act 2005 and the Care Act 2014 to deliver the functions outlined within this privacy notice. In such cases, we rely upon the provisions of Article 6(1)(e) of the General Data Protection Regulation (GDPR) as the lawful grounds for processing this personal data.

If we need to process sensitive personal data about you or the person you represent, we rely upon Article 9(2)(h) of the GDPR as the lawful basis for processing.

Personal data that is collected for any of the purposes outlined in this notice is never used for direct marketing purposes and is not sold on to any other third parties.

Recipients or categories of recipients that we may share your personal data with

In order to deliver services to you, it may be necessary for us to share your personal data with the following organisations and or partners:

  • The courts and those involved in legal proceedings and non-contentious matters including external solicitors and barristers, the Office of the Official Solicitor and Public Guardian, the police, and other local authorities
  • Benefits tribunals
  • Government agencies such as the DWP
  • HMRC
  • Construction Industry (CIS)
  • Estate agents (when selling a property on behalf of a client)
  • Property clearance companies (when selling or clearing properties on behalf of a client)
  • The National Health Service and Clinical Commissioning Groups
  • Solicitors, barristers and other professionals who may be acting on behalf of the Council
  • Employers, previous employers regarding pensions
  • Financial institutions such as banks, building societies, independent financial advisers and investment companies
  • Third-Party organisations such as Citizens Advice, care agencies, care home providers and other professional carers
  • Deputies appointed by the Court of Protection and attorneys appointed under Lasting Powers of Attorney

If we feel that it is necessary to share your personal data with professionals to ensure you or someone you work with is safeguarded from harm, we rely upon the provisions of the Safeguarding Vulnerable Groups Act 2006 and Children Act 1989 & 2004.

Where it is necessary to share medical or social care information for these purposes, we rely upon Article 9(2)(h) of the General Data Protection Regulation (information necessary for medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems).

We may also need to share some personal data about you so that we can support third party organisations to discharge their regulatory requirements. This includes organisations such as:

  • The Data Protection Regulator (the Information Commissioner’s Office)
  • The Care Quality Commission

We may also share information to enable us to comply with court orders and other legal obligations. If this is necessary, we will only share the minimum amount of personal data needed for this purpose.

International transfers

Devon County Council does not intend to transfer your personal data to countries outside of the scope of UK data protection laws.

How long will we hold your personal data?

Devon County Council will retain your personal data for only as long as is necessary, and in line with our organisation’s record retention schedules.

Your data protection rights

Under data protection legislation, you have the right to obtain a copy of their personal records held by us, this is called a subject access request.

Details of how to make a request can be found here.

Further details on your rights under data protection legislation and how to exercise them.

Complaints

If you have any comments, queries or complaints about this privacy notice or the processing of your personal data please contact our Data Protection Officer.

Alternatively, if you are not happy with the way that DCC is handling your personal data, you are entitled to appeal to the Information Commissioners Office (ICO). The Information Commissioners Office enforces and oversees the data protection regulations.

Contact details are below:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: casework@ico.org.uk

Automated decisions

Devon County Council does not intend to use your personal data to make automated decisions regarding you or your care.