Privacy notice for warning marker

Who is collecting and using your personal data?

Devon County Council will act as a ‘data controller’ for any personal data that we process about you.  As such, we will ensure that this data is processed accordance with our organisation’s data protection policies and in line with your rights under the Data Protection Act 2018 and the EU General Data Protection Regulations.

Should you wish to find out more about Devon County Council’s Data Protection Policies please contact our Data Protection Officer.

Why are we processing your personal data?

Devon County Council has a statutory duty to deliver social care functions. In support of these functions it is sometimes necessary for the Council to record information about individuals that is necessary to help us understand and manage risk.  This information is often included in a warning marker which is recorded on our social care management systems.  All warning markers we create will be managed in accordance with the Council’s Warning Indicators Policy.

We rely upon the Health and Safety at Work Act 1974 and article 6(1)(c) of the General Data Protection Regulation as the legal basis for processing personal data that forms part of a warning marker.

Who will we share your personal data with?

It may be necessary for details contained on a warning marker to be shared between departments within Devon County Council.  We may also share this information with third party providers and partner agencies that are delivering care and support to members of the public.

Devon County Council will only share information that is adequate, relevant and not excessive and will only share information where this is necessary to safeguard members of the public or staff members from potential harm.

How long will we hold your personal data?

Any personal data that forms part of a warning marker will be retained for the duration of a warning marker. All warning markers will be the subject of regular review. Data subjects whose personal data forms part of a warning marker will be informed when a warning marker is to be removed.

Exercising your rights

Under the Data Protection Act 2018 and the EU General Data Protection Regulations you have the following rights:

  • The right of access to your own personal data.
  • The right to request rectification or deletion of your personal data.
  • The right to object to the processing of your personal data.
  • The right to request a copy of the information you provide us in machine readable format.
  • The right to withdraw your consent to any processing that is solely reliant upon your consent.

Should you wish to exercise any of your rights, you should contact the Data Protection Officer.

Your right to complain

If you wish to complain about the way that your personal data has been handled by Devon County Council, you should write to the Data Protection Officer and clearly outline your case.  Your complaint will then be investigated in accordance with the Council’s customer feedback procedure.  If you remain dissatisfied with the way your personal data has been handled, you may refer the matter to the Information Commissioner’s Office whose contact details are below:

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

Email: casework@ico.org.uk