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 Devon County Council’s Disabled Children’s Services and Devon 0-25 Team where support is provided by the Council through a direct payment.

This may include where Devon County Council processes and provides services to the NHS Devon Integrated Children’s Board for the purpose of providing direct payments.

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 6 May 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 is necessary under the relevant regulations for the purpose of lawfully setting up, providing, monitoring and stopping direct payments and in order to keep you updated on relevant guidance and requirements. This may include:

name
address
date of birth
email
telephone number
details of your needs and those of your child or children
the services and support provided to you for the purpose of meeting identified social care, education or health eligible needs, and the reasons why these are considered necessary
copies of your direct payment suitability assessment, direct payment agreement and request or information necessary and proportionate to retain in order to lawfully provide direct payments
financial records where these are necessary to the review and assessment of support

Purpose of collecting or processing your personal data

Devon County Council may need to collect or otherwise process your personal data so that we can:

ensure that direct payments are assessed, reviewed, set up, delivered and ceased lawfully, and in accordance with the Devon County Council direct payment guidance
lawfully promote the welfare of children and young people and protect them from harm
provide support, guidance and assistance to promote the access to direct payments and to ensure records are maintained which detail changes to plans
provide advice to partners within Devon County Council

Devon County Council may use this data to:

provide direct payments.
notify internal partners and services where there are concerns or risk associated with the provision of direct payments.
contact you and provide individual updates and communication as well as generally update you regarding direct payments and service changes.
provide access to additional support and managed accounts, where applicable
ensure that required legislation is followed and that employments are lawful and comply with employment law and regulations.

The legal basis for us collecting your personal data

Where we are collecting personal data about you for the provision of one of the purposes outlined in this privacy notice, we rely upon the following lawful condition(s) outlined within the UK General Data Protection Regulation.

Article 6(1)(b) – Performance of a contract that the data subject and DCC are party to
Article 6(1)(c) Processing that is necessary for Devon County Council to fulfil a statutory obligation
Article 6(1)(e ) Processing for the purposes of delivering a public task carried out in the public interest.

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:

service providers commissioned to deliver the accounts and infrastructure necessary in order to provide direct payments.
services who provide assistance and management of accounts on behalf of the nominated account holder (recipient)
school and professionals supporting you or who you have consent to be referred to
the SENDIST Tribunal
court of protection for the purpose of protecting the rights, liberty and welfare of young people over the age of 16 years.
local Authority Officers responsible for processing this information.
staff who undertake work on behalf of Devon County Council.

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, Children Act 1989 and 2004, Children and Families Act 2014 and Mental Capacity Act 2005. 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
OFSTED

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.

International transfers

Devon County Council does not intend to transfer your personal data to countries outside of the territorial scope of UK data protection laws. If this should be necessary at any point, we will ensure that appropriate safeguards are in place to ensure that any transfers comply with the transfer requirements of the UK General Data Protection Regulation.

How long will we hold your personal data?

We will retain your personal data relating to direct payment for six years plus the current year from the date when the direct payments ceased.

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

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.