Privacy Notice for Technology Enabled Care Services (Telecare)

Data Controller:

Mole Valley District Council (“MVDC”) is the body exercising control over the purpose for which and the manner in which your personal data is processed.

Data Controller’s contact details:

MVDC Pippbrook, Dorking RH4 1SJ. Tel 01306 885001.

MVDC’s Technology Enabled Care Services (TECS) Team can be contacted on 01372 2014500.

Data Protection Officer:

Mr Tom Penlington (Solicitor): Tel 01306 879354

The legal basis for and the purposes of the processing:

The range of services provided includes:

1. Lifeline Alarm and Technology Enabled Care Services for vulnerable adults: To enable vulnerable clients to continue to live independently, for example by providing alarms and sensors, telephone support and facilitating third party emergency responses 24 hours a day, seven days of the week.
2. Out of Hours Services: This service is provided to a wide range of individuals and corporate clients to provide assistance with a range of tasks to assist with independent living.
3. Lone Worker Services: Processes are put in place which facilitate contact between lone workers when attending site visits without a chaperone.
4. For a pilot period only, a Responder Service, where someone from Mole Valley Life may visit your home or contact you by telephone to assist you in non-emergency situations.

January 2024 – UK Phone companies rollout of digital landlines. UK Phone companies have agreed a charter in which they commit not to switch customers to a digital network unless they are confident they can be protected.  To assist with this, it may be necessary for MVDC to share the phone numbers of telecare users with phone companies to ensure they do not change users to a digital landline without confirmation that a compatible telecare solution is in place.

The relevant conditions in the UK General Data Protection Regulations (UK GDPR) and related legislation that permit this processing are:

Processing personal data –

Consent (if none of the other conditions apply). If the reason the processing of your personal data is fair and lawful is because you have consented to it, then you may withdraw your consent to this processing at any time. If consent is provided and relates to a child under 13 years, the holder of the person with parental responsibility will need to provide this consent.

1. The processing is necessary for the performance of a contract with the service user (or, at the service user’s request prior to entering into the contract),
2. The processing is necessary for compliance with a legal obligation to which the controller is subject
3. The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller
4. There is another condition that may permit processing of your personal data in extreme circumstances. If the TECS operator responding to your communication believes an emergency response is required (i.e. in a potential life or death situation), then your personal information may be disclosed to third parties such as the emergency services or named responders

In respect of the above, the main legislation that places duties on MVDC to provide services to its elderly and vulnerable residents is the Care Act 2014. There is however a Legislation Compliance List which refers to other legislation that confers other powers on MVDC. This is available upon request.

Processing special category (sensitive) personal data –

The principle condition which permits the processing of sensitive personal information – such as information about your health, ethnic origin or religious beliefs – is that the processing is in the substantial public interest, has a basis in law (for example by reference to the Care Act 2014), is proportionate to the aim pursued (because your continued independence is important to you and your family and friends) and because there are specific measures in place to safeguard your fundamental rights.

If you contact, or have contacted MVDC in respect of the above services, then MVDC will process personal data and sensitive personal data about you for the above purposes.

The source of the personal data:

The majority of the personal data about you will have been provided from you, but this is not always the case and MVDC may obtain personal data about you from third parties, such as your representatives that have a Power of Attorney and Surrey County Council.

Recipients/ categories of recipients of the personal data:

Your personal information will be processed internally by relevant staff at MVDC and.  If you use the TECS service, that data is likely to be shared outside MVDC for example with: next of kin, carers, other named contacts, the emergency services, your General Practitioner or other health professional, tradespeople (where your need relates to maintenance of household appliances or other household matters) and UK phone companies for the purpose of the rollout of digital landlines.

Further information on onward transfers:

MVDC will not transfer the personal data you have provided outside of the UK or European Union unless this is permitted in accordance with the Data Protection Act 2018.

How long the personal data will be kept for:

The personal data you have supplied will be destroyed in accordance with MVDC’s Data Retention and Disposal Schedule. Different retention periods will apply depending on which service you are receiving.

Statutory Obligations to provide the personal data:

There is no statutory obligation on you to provide any personal data, however, if you do not it will not be possible for MVDC to provide a service to you.

Automated Decision Making:

The personal data provided by you will not be used for any automated decisions.

Data Subject Rights:

You have some specific rights in respect of your personal data. These include some or all of the following rights to:

• See what personal data MVDC holds about you at any time (subject to certain caveats, for example where third parties are identified
• Have MVDC correct any errors (if any) in the personal data it holds about you, and to have incomplete personal data completed. In certain situations, however, MVDC can retain the personal data in dispute. You will be informed whether this is the case when we respond to your request.
• Have MVDC, on request from you, erase some or all of the personal data held about you (unless exceptions from this duty apply). If MVDC considers any exceptions apply, you will be informed of this after you have made your request.
• Request processing of your personal data is restricted (this will only apply in certain situations, for example where its accuracy is contested, where the processing is unlawful and you oppose its proposed erasure by MVDC, or where MVDC no longer needs to process the personal data but it is required by you in connection with legal claims).
• Object to the processing where the processing is necessary for a task carried out in the public interest or in the exercise of official authority vested in the data controller (though MVDC will still be able to continue with the processing in certain circumstances, such as if there are compelling grounds for processing which overrides your interests).
• Be given a copy of your personal data in an accessible electronic format.

Will the personal data be processed for a different purpose?

No. If MVDC needs to inform recipients about any action it has taken under the Data Protection Act then it will do so by placing a Notice on MVDC’s website informing the public of any relevant changes

If you are dissatisfied with how your personal data is processed by MVDC then you have the right to complain to the Information Commissioner who can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF

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