Privacy Policy

Privacy Notice for Prospective Residents

In accordance with the General Data Protection Regulation (GDPR), we have implemented this privacy notice to inform you, as a prospective resident of our home,of the types of data we process about you. We also include within this notice the reasons for processing your data, the lawful basis that permits us to process it, how long we keep your data for and your rights regarding your data.

A) DATA PROTECTION PRINCIPLES

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

• processing is fair, lawful and transparent
• data is collected for specific, explicit, and legitimate purposes
• data collected is adequate, relevant and limited to what is necessary for the purposes of processing
• data is kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
• data is not kept for longer than is necessary for its given purpose
• data is processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
• we comply with the relevant GDPR procedures for international transferring of personal data

B) TYPES OF DATA HELD

We keep several categories of personal data on our prospective residents in order to carry out effective and efficient processes. We keep this data in a prospective residents’ folder and we also hold the data within our computer systems, for example, enquiry logs

Specifically, we hold the following types of data:

• personal details such as name, address, phone numbers of next of kin, friends, family and/or representatives
• information gathered via the pre-admission process such as medical and social history and information from health and social care professionals such as GPs or social workers.
• details of how your placement will be funded

C) COLLECTING YOUR DATA

You provide several pieces of data to us directly during the pre-admission process.

In some cases, we will collect data about you from third parties, such as your next of kin or representative, current or previous care providers, your GP or other health and social care professionals.

Should you move into our care home, we will gather further information from you, for example, details relating to invoicing and life history.

D) LAWFUL BASIS FOR PROCESSING

The law on data protection allows us to process your data for certain reasons only.

The information below categorises the types of data processing we undertake and the lawful basis we rely on.

E) SPECIAL CATEGORIES OF DATA

Special categories of data are data relating to your:

• health
• sex life
• sexual orientation
• race
• ethnic origin
• political opinion
• religion
• trade union membership
• genetic and biometric data.

We carry out processing activities using special category data:

• for the purposes of assessing care and support needs
• for the purpose of making a decision whether or not our service is able to meet assessed needs
• in order to assess training, environment or equipment requirements
• in order to agree and confirm funding arrangements

Most commonly, we will process special categories of data when the following applies:

• you have given explicit consent to the processing
• we must process the data in order to carry out our legal obligations
• we must process data for reasons of substantial public interest
• you have already made the data public.

F) FAILURE TO PROVIDE DATA

Your failure to provide us with data may mean that we are unable to fulfil our requirements for entering into a contract of with you. This could include being unable to offer you a residential placement in our home.

G) CRIMINAL CONVICTION DATA

We will only collect criminal conviction data where it is appropriate, where it is supplied to us by a third party and where the law permits us. This data will usually be collected at the pre-admission stage, however, criminal conviction data may be relevant to your care and support and/or your placement. If appropriate we may use your criminal conviction data to determine whether the service is able to meet your needs. We rely on the lawful basis of legal obligation to process this data.

H) WHO WE SHARE YOUR DATA WITH

Employees within our company who have responsibility for assessing prospective residents will have access to your data which is relevant to their function. All employees with such responsibility have been trained in ensuring data is processing in line with GDPR.

Data is shared with third parties for the following reasons:

Where information is requested by our regulators and/or inspectors as set out in the Health & Social Care Act 2008 (Regulated Activities) 2014

We may also share your data with third parties as part of a Company sale or restructure, or for other reasons to comply with a legal obligation upon us. We have a data processing agreement in place with such third parties to ensure data is not compromised. Third parties must implement appropriate technical and organisational measures to ensure the security of your data.

We do not share your data with bodies outside of the European Economic Area.

I) PROTECTING YOUR DATA

We are aware of the requirement to ensure your data is protected against accidental loss or disclosure, destruction and abuse. We have implemented processes to guard against such.

J) RETENTION PERIODS

We only keep your data for as long as we need it for, which, in relation to prospective residents who do not move into one of our homes, is six months to a year.

If we have sought your consent to keep your data on file for future placement, and you have provided consent, we will keep your data for one year after the pre-admission process ends. At the end of this period, we will delete or destroy your data, unless you have already withdrawn your consent to our processing of your data in which case it will be deleted or destroyed upon your withdrawal of consent.

Where you have provided consent to our use of your data, you also have the right to withdraw that consent at any time. This means that we will stop processing your data and there will be no consequences of withdrawing consent.

If you move into our home your data will be kept and transferred to the systems we administer for residents. We have a separate privacy notice for residents, which will be provided to you.

K) AUTOMATED DECISION MAKING

Automated decision-making means making decision about you using no human involvement e.g. using computerised filtering equipment. No decision will be made about you solely on the basis of automated decision making (where a decision is taken about you using an electronic system without human involvement) which has a significant impact on you.

L) YOUR RIGHTS

You have the following rights in relation to the personal data we hold on you:

• the right to be informed about the data we hold on you and what we do with it;
• the right of access to the data we hold on you. We operate a separate Subject Access Request policy and all such requests will be dealt with accordingly;
• the right for any inaccuracies in the data we hold on you, however they come to light, to be corrected. This is also known as ‘rectification’;
• the right to have data deleted in certain circumstances. This is also known as ‘erasure’;
• the right to restrict the processing of the data;
• the right to transfer the data we hold on you to another party. This is also known as ‘portability’;
• the right to object to the inclusion of any information;
• the right to regulate any automated decision-making and profiling of personal data.

In addition to the above rights, you also have the unrestricted right to withdraw consent, that you have previously provided, to our processing of your data at any time. Withdrawing your consent means that we will stop processing the data that you had previously given us consent to use. There will be no consequences for withdrawing your consent. However, in some cases, we may continue to use the data where so permitted by having a legitimate reason for doing so.

If you wish to exercise any of the rights explained above, please contact the Home Manager

M) MAKING A COMPLAINT

If you think your data rights have been breached, you are able to raise a complaint with the Information Commissioner (ICO). You can contact the ICO at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF or by telephone on 0303 123 1113 (local rate) or 01625 545 745.

N) DATA PROTECTION COMPLIANCE

Our Data Protection Officer is:
Nicola Palladino
Operations Manager
Amba Care Homes Group
2 Hall Lane
Shenfield
Essex
CM15 9AB
Phone: 01277 546015
Mobile: 07928 667556
Email: nicola@achg.co.uk