Scrutiny Privacy Notice

Devon County Council is 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 as part of Scrutiny Reviews.

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 23rd September 2020. 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.

Why we collect your personal data and how we will use it

Executive and Scrutiny arrangements were established by the Local Government Act 2000, placing council decision making responsibilities with a small number of councillors who make up the ‘Executive’ or ‘Cabinet’, with the majority of remaining councillors undertaking overview and scrutiny of the Executive’s decisions and actions, and any other matters which affect the authority’s area or the inhabitants of that area. The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013 gives upper tier councils (such as Devon County Council) specific rights and responsibilities to scrutinise health services.

Scrutiny councillors carry out Scrutiny Reviews as part of this work, which often involves obtaining and using personal data. For more information about the work of scrutiny councillors and scrutiny reviews please see the Scrutiny section of the Council’s Democracy web pages.

Information that we collect from you will be obtained either in writing (usually email) or verbally, usually as part of witness interviews and other meetings. Information provided verbally is collected by the scrutiny officer in the form of notes. Notes from a scrutiny review are based on research guidelines and are focussed on the quality of evidence and stage of the review. They may for example contain suggested next steps for the review or even draft recommendations. The notes are likely to be detailed under thematic headings rather than a chronological report which would be typical of minutes.

Notes are shared with witnesses to the review for accuracy and once agreed would be shared with councillors taking part in the scrutiny review. The purpose of the notes is for the accurate planning and development of the review and particularly for the preparation of the final report.

Councillors are at liberty to take notes for their own benefit, but this is not required.

The council predominantly uses IT systems for these purposes which are supplied under a contract and where the security has been assessed. Any paper documents that are produced as part of the Scrutiny Review will be handled in accordance with the Council’s Data protection Policy. For more details about the council’s security arrangements please visit https://www.devon.gov.uk/security/

Devon County Council may need to collect personal data so that we can:

  • Correspond with you over the arrangement of witness interviews, meetings, interview notes and the publication of the final report
  • Understand your views and experiences and create informed recommendations supported by an evidenced based report.
  • Publish your name, role and organisation in a ‘witness list’ in the final report (this usually only applies to witnesses who contribute to a Scrutiny Review on behalf of an organisation. If you are contributing as a member of the public or someone who uses council services, we will only publish your name if you have given us consent to do so in writing (including email).

We only collect personal data where it is necessary.

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. Information that is collected for any of the purposes listed on this privacy notice will be held for four years from the date the Scrutiny Review report is published.

What information do we collect?

We may collect and store information about you which may include:

  • Your name, role and organisation (where relevant)
  • Your contact details such as address, telephone number or email address
  • Your views and experiences of a service or issue (if we are speaking to you as a member of the public, someone who uses council services, or as a member of staff, this could include relevant special categories of personal data such as detailed health information, ethnicity etc)
  • Demographic information (i.e. “About you” section of surveys)

The legal basis for us collecting your personal data

Where we are collecting personal data about you for the provision of Scrutiny Reviews, we primarily rely upon Article 6(1)(e) – processing for the purposes of delivering a public task carried out in the public interest.

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) and 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 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 (SAR). Details of how to make a request 

Further details on your rights under data protection legislation and how to exercise them, are available here.

International transfers

No personal data collected for the purposes outlined in this privacy notice will be transferred outside of the European Union.

Automated decisions

The intended processing of personal data as outlined in the privacy notice will not make use of technology that will make decisions about any individuals by automated means.

Complaints

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 Devon County Council 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