Introduction
This is Rayner House & Yew Trees Limited Privacy Notice.
As part of the services we offer, we are required to process personal data about our staff, our residents/service users and, in some instances, the friends or relatives of our residents/service users and staff. “Processing” can mean collecting, recording, organising, storing, sharing or destroying data.
We are committed to being transparent about why we need your personal data and what we do with it. This information is set out in this privacy notice. It also explains your rights when it comes to your data.
If you have any concerns or questions please contact us on 0121 705 9293 or by email to This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it..
Residents/Service Users
What data do we have?
So that we can provide a safe and professional service, we need to keep certain records about you. We may process the following types of data:
- Your basic details and contact information e.g. your name, address, date of birth and next of kin;
- Your financial details e.g. details of how you pay us for your care or your funding arrangements.
We also record the following data which is classified as “special category”:
- Health and social care data about you, which might include both your physical and mental health data.
- We may also record data about your race, ethnic origin, sexual orientation or religion.
Why do we have this data?
We need this data so that we can provide high-quality care and support. By law, we need to have a lawful basis for processing your personal data.
We process your data because:
We have a legal obligation to do so – generally under the Health and Social Care Act 2012 or Mental Capacity Act 2005.
We process your special category data because
- It is necessary due to social security and social protection law (generally this would be in safeguarding instances);
- It is necessary for us to provide and manage social care services;
- We are required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations.
We may also process your data with your consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent at any time.
Where do we process your data?
So that we can provide you with high quality care and support we need specific data. This is collected from or shared with:
- You or your legal representative(s);
- Third parties.
We do this face to face, via phone, via email, via our website, via post, via application forms, via apps.
Third parties are organisations we might lawfully share your data with. These include:
- Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, clinical commissioning groups, and other health and care professionals;
- The Local Authority;
- Your family or friends – with your permission;
- Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC;
- The police or other law enforcement agencies if we have to by law or court order.
Staff
What data do we have?
So that we can provide a safe and professional service, we need to keep certain records about you. We may record the following types of data:
- Your basic details and contact information e.g. your name, address, date of birth, National Insurance number and next of kin;
- Your financial details e.g. detail so that we can pay you, insurance, pension and tax details;
- Your training records.
We also record the following data which is classified as “special category”:
- Health and social care data about you, which might include both your physical and mental health data – we will only collect this if it is necessary for us to know as your employer, e.g. fit notes or in order for you to claim statutory maternity/paternity pay;
- We may also, with your permission, record data about your race, ethnic origin, sexual orientation or religion.
As part of your application you may – depending on your job role – be required to undergo a Disclosure and Barring Service (DBS) check (Criminal Record Check). We do not keep this data once we’ve seen it.
Why do we have this data?
We require this data so that we can contact you, pay you and make sure you receive the training and support you need to perform your job. By law, we need to have a lawful basis for processing your personal data.
We process your data because:
- We have a legal obligation under UK employment law;
- We are required to do so in our performance of a public task;
- We have a legitimate interest in processing your data – for example, we provide data about your training to Skills for Care’s Adult Workforce Data Set, this allows Skills for Care to produce reports about workforce planning.
- We are required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations.
We process your special category data because
- It is necessary for us to process requests for sick pay or maternity pay.
If we request your criminal records data it is because we have a legal obligation to do this due to the type of work you do. This is set out in the Data Protection Act 2018 and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. We do not keep a record of your criminal records information (if any). We do record that we have checked this.
We may also process your data with your consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent.
Where do we process your data?
As your employer we need specific data. This is collected from or shared with:
- You or your legal representative(s);
- Third parties.
We do this face to face, via phone, via email, via our website, via post, via application forms, via apps.
Third parties are organisations we have a legal reason to share your data with. These include:
- Her Majesty’s Revenue and Customs (HMRC);
- Our pension and healthcare schemes;
- Our external payroll provider;
- Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC;
- The police or other law enforcement agencies if we have to by law or court order.
- The DBS Service, United Medicare Limited.
Friends/Relatives
What data do we have?
As part of our work providing high-quality care and support, it might be necessary that we hold the following information on you:
- Your basic details and contact information e.g. your name and address.
Why do we have this data?
By law, we need to have a lawful basis for processing your personal data.
We process your data because we have a legitimate business interest in holding next of kin and lasting power of attorney information about the individuals who use our service and keeping emergency contact details for our staff.
We may also process your data with your consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent.
Where do we process your data?
So that we can provide high quality care and support we need specific data. This is collected from or shared with:
- You or your legal representative(s);
- Third parties.
We do this face to face, via phone, via email, via our website, via post, via application forms, via apps.
Third parties are organisations we have a legal reason to share your data with. These may include:
- Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, and other health and care professionals;
- The Local Authority;
- The police or other law enforcement agencies if we have to by law or court order.
Our Website
In order to provide you with the best experience while using our website, we process some data about you.
You can download our Retention and Destruction SORP here.
Your rights
The data that we keep about you is your data and we ensure that we keep it confidential and that it is used appropriately. You have the following rights when it comes to your data:
- You have the right to request a copy of all of the data we keep about you. Generally, we will not charge for this service;
- You have the right to ask us to correct any data we have which you believe to be inaccurate or incomplete. You can also request that we restrict all processing of your data while we consider your rectification request;
- You have the right to ask that we erase any of your personal data which is no longer necessary for the purpose we originally collected it for. You can download our Retention and Destruction SORP here.
- You may also request that we restrict processing if we no longer require your personal data for the purpose we originally collected it for, but you do not wish for it to be erased.
- You can ask for your data to be erased if we have asked for your consent to process your data. You can withdraw consent at any time – please contact us to do so.
- If we are processing your data as part of our legitimate interests as an organisation or in order to complete a task in the public interest, you have the right to object to that processing. We will restrict all processing of this data while we look into your objection.
You may need to provide adequate information for our staff to be able to identify you, for example, a passport or driver’s licence. This is to make sure that data is not shared with the wrong person inappropriately. We will always respond to your request as soon as possible and at the latest within one month.
If you would like to complain about how we have dealt with your request, please contact:
Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
https://ico.org.uk/global/contact-us/
Further Information
In line with the recommendations made by the National Data Guardian in her ‘Review of Data Security, Consent and Opt-outs’, the national data opt-out was introduced for health and social care systems on 25 May 2018. This is intended to give patients and the public more control over how their confidential patient information is used for research and planning purposes.
The Government response to the review set out that all health and adult social care organisations in England must comply with the national data opt-out policy by July 2022.
What is the national data opt-out?
It is a service that enables the public to register to opt out of their confidential patient information being used for purposes beyond their individual care and treatment. The public can change their national data opt-out choice at any time.
In summary the national data opt-out applies to:
- all NHS organisations (including private patients treated within such organisations),
- all Local Authorities providing publicly funded care,
- adult social care providers where the care provided is funded or arranged by a public body, and
- private or charitable healthcare providers providing NHS funded treatment or arranged care.
Which data disclosures do national data opt-outs apply to?
National data opt-outs apply to a disclosure when an organisation, e.g. a research body, confirms they have approval from the Confidentiality Advisory Group (CAG)* for the disclosure of confidential patient information held by another organisation responsible for the data (the data controller) such as an NHS Trust.
The CAG approval is also known as a section 251 approval and refers to section 251 of the National Health Service Act 2006 and its current Regulations, the Health Service (Control of Patient Information) Regulations 2002. The NHS Act 2006 and the Regulations enable the common law duty of confidentiality to be temporarily lifted so that confidential patient information can be disclosed without the data controller being in breach of the common law duty of confidentiality.
In practice, this means that the organisation responsible for the information (the data controller) can, if they wish, disclose the information to the data applicant, e.g. research body, without being in breach of the common law duty of confidentiality. To be clear it is only in these cases where opt-outs apply.
National data opt-outs do not apply where:
- information being disclosed is anonymised in accordance with the Information Commissioner’s Office’s anonymisation code of practice,
- the individual has given their consent for their information to be used for a particular purpose, e.g. a specific research study,
- there is an overriding public interest in the disclosure, i.e. the public interest in disclosing the data overrides the public interest in maintaining confidentiality, also referred to as the ‘public interest test’, and
- there is a legal requirement that sets aside the common law duty of confidentiality or the information is required by a court order.
In these scenarios above, section 251 approvals would not have been sought.
* The Confidentiality Advisory Group (CAG) is an independent body which provides expert advice on the use of confidential patient information.
