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 Market Management 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 24/03/2023. 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:

Adult Social Care and Health information
Children Social Care and Health information
Contact details (telephone and email address)
Name
Age
Gender
Location (nearest town or village or first part of postcode)

Purpose of collecting or processing your personal data

DCC may need to collect or otherwise process your personal data so that we can:

To help the recipients of Direct Payments or Personal Health Budgets and privately funded clients to recruit a Personal Assistant.
To Help the posting of your advert on the Personal Assistant Network. This is carried out using the Personal Assistant WhatsApp groups and the Gov Delivery system. These share your advert to the Personal Assistants and Micro Providers who have signed up to receive these notifications.
We will store this information to monitor success rates and repost your advert if you wish to.
We will also store this information for business purposes to collect data to assess whether there are enough services of the right kind available locally.

The legal basis for us collecting your personal data

Devon County Council has a statutory duty under Section 1 of the Care Act 2014 to safeguard and promote an adults wellbeing. If we are processing your personal data for one or more of the purposes listed within this notice, we therefore contend that such processing is lawful on the grounds that Article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR) applies.

If we process any sensitive, special category data, we rely upon Article 9(2)(h) of the UK GDPR as the lawful basis for processing this information.

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

When processing your personal data, it may be necessary for us to share personal data with third-party organisations such as:

Personal Assistants and Micro Providers who have registered with DCC on the PA Network
Adult Social Care Teams to assist individuals with Care Planning

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.

How long will we hold your personal data?

Devon County Council will retain your personal data for six years after your advert has been placed.

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 (SAR).

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

International transfers

Please note that Devon County Council does not intend to transfer any personal data that is provided for the purposes listed within this notice, to countries outside of the scope of UK data protection laws.

Automated decisions

Please note that Devon County Council does not intend to use personal data that has been provided for any of the purposes listed in this notice, to make automated decisions about individuals.