Adult Social Care Fair Processing and Privacy Notice
Introduction
A Privacy Notice is a statement which explains how personal data about individuals is collected, used and shared. This privacy notice explains what personal data North Tyneside Council Adult Social Care collects about you, and how we use, store and may share this information. We are required to give you this information under data protection law.
This privacy notice complements and expands upon the overall North Tyneside Council privacy statement.
If you need us to do anything differently (reasonable adjustments) to help you access our services, including providing this information in another language or format, please contact the Social Care Contact Centre on 0191 643 2777, or email: childrenandadultscontactcentre@northtyneside.gov.uk.
What is personal data?
Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of data is governed by the General Data Protection Regulation 2016/679 (the “GDPR”).
Who is collecting and using personal data?
North Tyneside Council is the Data Controller, responsible for collecting and using your personal data. We ensure that your data is processed in compliance with the Data Protection Act 2018 and the UK General Data Protection Regulations (GDPR).
We are legally responsible for ensuring that all personal information that we process complies with the 8 data protection principles. All data controllers must notify the Information Commissioner’s Office of all personal information processing activities.
North Tyneside Council’s registration number is Z6643161.
Our entry can be found on the Information Commissioner’s Office website.
What personal data do you collect?
We may collect and record the following types of personal data:
- Personal information e.g: your name, address, telephone number, date of birth.
- Names and contact details for members of your family and support network.
- Details of other professionals involved in your care, support and treatment.
- Information about your finances, e.g. bank details, income, and benefits.
- Photographs, e.g. to help plan adaptations to your home.
- Information about:
- Your health conditions
- Your cultural and ethnic background
- Your religious, spiritual, philosophical, or political beliefs
- Your sexual orientation and relationship status
- Your ability to undertake daily tasks
- Your personal history and current circumstances
- Your current and past care, support and treatment
- Your wishes and preferences
- The views, wishes and preferences of other people involved in your care and support.
Categories in bold indicate special types of personal data. This information is particularly sensitive, and requires valid justification for its processing. The reasons for collecting this data are explained in the section ‘Why do you need to collect personal data?’
The legal basis for collecting and processing this information is explained in the section ‘How does the law allow my personal information to be used?’
How is personal data stored?
Information may be stored on paper or electronically. It may be in written, audio or video formats. If we wish to record any meeting with you via audio or video, you will be asked for permission, and may decline.
How do you process personal data?
North Tyneside Council complies with its obligations under the GDPR by:
- Keeping personal data up to date
- Storing and destroying it securely
- Not collecting or retaining excessive amounts of data
- Protecting personal data from loss, misuse, unauthorised access and disclosure
- Ensuring that appropriate technical measures are in place to protect personal data.
Why do you need to collect personal data?
Collecting information allows us to:
- Create a comprehensive record of all of the work that we do with and for you, informing current and future workers of interventions completed and their effectiveness.
- Know who is involved in meeting your care and support needs, so we can coordinate effective support and help you to stay safe.
- Understand your personal circumstances and background to enable personalised care.
- Arrange care to meet your needs, whether provided by us or other organisations.
- Arrange delivery and installation of equipment and adaptations to help you to remain safe and independent.
- Keep you and others safe from harm, abuse and neglect.
- Address any health and safety concerns which may place you or others at risk.
- Accurately assess your financial contribution to your care.
- Liaise with agencies, companies and charities who can support you on your behalf.
- Process complaints and compliments regarding the services we have provided.
- Analyse the service that we are providing, to support demand forecasting, service planning and quality improvements.
- Provide accurate statistical returns to support resource allocation decisions and the development of effective local, national and regional policy.
With whom might you share information?
Adult Social Care may share information on a need-to-know basis to ensure you receive appropriate support and are protected from abuse and neglect.
We will not share your personal information with third parties, unless:
- You have given us permission, or
- We have a legal obligation to do so.
- We decide to share information in the vital interests of an individual, in the public interest, or to assist with the prevention or detection of crime.
The following is a list of organisations with whom Adult Social Care frequently shares personal information, and the purposes of this. It is not intended to be exhaustive.
- Private and independent providers, to facilitate delivery of required care under the Care Act 2014 or Mental Health Act 1983.
- Independent advocacy organisations, who are commissioned to ensure that people’s legal and ethical rights are respected.
- NHS agencies, to ensure services are made available to meet health, care and support needs.
- Unpaid carers (family/friends) who are, or will be, involved in meeting needs for care and support.
- Emergency services and law enforcement, e.g. Police and Fire Services, to protect adults from abuse or neglect, and/or prevent risk to the health and safety of themselves or others.
- Other council departments, such as Children’s Services, housing, legal services, etc.
- Between teams in Adult Social Care, to monitor spending, support effective service planning, train care staff, undertake quality assurance and investigate any concerns or complaints about your care.
- The Local Government and Social Care Ombudsman, to investigate complaints.
- Elected members and Members of Parliament, to support their role providing governance, oversight and representation of the electorate
- The Court of Protection, to consider making orders to promote the welfare of persons who lack capacity to make decisions.
- Department of Transport, for statistical monitoring of blue badges.
- Magistrates, to consider applications to issue warrants under the Mental Health Act 1983.
- Department for Work and Pensions, to assess income data to ensure people pay the correct contributions for care and support.
- Department of Health and Social Care, to analyse demand and the effectiveness of care and support interventions.
- Healthwatch North Tyneside, so they can seek your feedback on the effectiveness of care and support services.
- Regulatory bodies such as the Care Quality Commission, to ensure that care meets defined quality standards and legal requirements
How does the law allow my personal information to be used?
When we collect your personal data, we do so on the following legal basis:
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in North Tyneside Council.
- Processing is necessary for compliance with a legal obligation to which the controller is subject.
When we collect your ‘special categories of personal data’, (such as health, race, ethnicity, sexual orientation) we rely on the following legal bases:
- Processing is necessary for reasons of substantial public interest (e.g. safeguarding of children and of adults at risk of abuse and neglect)
- Processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services.
These legal bases are underpinned by legislation that dictates what actions can and should be taken by local authorities, including but not limited to:
- Care Act 2014
- Children Act 1989
- Mental Health Act 1983
- Mental Capacity Act 2005
- Homelessness Reduction Act 2017
- Human Rights Act 1998
- Housing Acts 1996, 2004
- Data Protection Act 2018
- UK General Data Protection Regulations 2018
As we have a statutory basis for collecting your personal data, we are not obliged to ask for your permission to collect and share it, however we will only ever share your data on a basis of need, in line with legislation, and will work transparently with you.
NHS Information
NHS organisations may share NHS numbers with Adult Social Care. NHS numbers are accessed through NHS Digital, via an NHS service called the Personal Demographic Service (PDS). Adult Social Care sends basic demographic information to the PDS, such as name, address and date of birth, so they can find your NHS number.
Once retrieved from the PDS the NHS number is stored on the person’s confidential record within Adult Services’ case recording system, in line with the retention policy.
How is my NHS number used?
Sharing of NHS numbers allows Adult Social Care to access patient information in the North Tyneside Care Record.
This system allows health and social care professionals access to upto-date information about an individual’s care. Adult Social Care professionals can use this system to view limited information about people’s NHS care, and vice versa, such as which professionals are involved with the person, and what interventions have been undertaken. Who can access the North Tyneside Care Record? GPs, Hospitals, District Nurses and Adult Social Care professionals involved in assessing needs and planning support (e.g. social workers) can access the North Tyneside Care Record.
Access to information is controlled based on the role of the professional, limiting access to the information necessary for them to provide effective care.
What are the benefits of sharing information between the NHS and Adult Social Care?
Mutual sharing of NHS and Social Care information allows:
- Better coordinated, safer care.
- More efficient communication.
- Avoidance of duplicate referrals.
- Less time spent on phone calls and emails to find out who is involved, allowing more time to be spent planning and coordinating care.
- Reduces the risk of sharing information about other people, e.g. people with the same name or date of birth.
Using Artificial Intelligence (AI) in Adult Social Care
Adult Social Care may use AI software to reduce administration tasks for workers and increase the time that can be spent providing the needed care or support.
Any use of AI will be strictly monitored and reviewed by workers, and it will not be used to make decisions about your care or support.
Thorough checks will also be completed to ensure that any AI that is used fully complies with all data protection legislation and you will be made aware of its use before any implementation.
Information Security
All our staff, contractors and elected members receive appropriate ongoing training and refreshers to ensure they are aware of their personal responsibilities and have contractual obligations to uphold confidentiality, enforceable through disciplinary procedures.
Only a limited number of authorised staff has access to personal information where it is appropriate to their role and is strictly on a needto-know basis.
Printed information will always be stored in secure, locked locations to which only authorised staff members have access.
Electronic information is stored on secure systems, with continuous review to improve cyber security measures. Where information is stored by our contractors (e.g. the provider of our social care records system), we assess their information security credentials and review data protection arrangements as a key element of our procurement and contracting processes.
What are my rights regarding my information?
- Right of access - You have the right to ask us for copies of your personal information. You can do this via a Subject Access Request. See ‘Requesting the information we hold about you’ for details of how to do this.
- Right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
- Right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
- Right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances.
- Right to object to processing - You have the right to object to the processing of your personal information in certain circumstances.
- Right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
Requesting the information we hold about you
To gain a copy of information held about you, you can make a request in writing to:
Information Governance
Law and Governance
Quadrant
The Silverlink North
North Tyneside
NE27 0BY
Email: foi.officer@northtyneside.gov.uk
Requests should be clear and state what type of information you wish to receive. We must then ensure that we identify the relevant information. You may also need to submit evidence of your identity for us to process your request.
We will aim to resolve your request within one month from the receipt of your request.
Withdrawing permission for processing and sharing of information
You have the right to withhold or withdraw permission for the processing and sharing of information.
This may prevent you from receiving support, if we are unable to complete an adequate assessment of your needs, or share information to enable care to be arranged.
In other circumstances, withholding permission will not prevent you from receiving care, but may limit how we are able to support you, or the effectiveness of your support.
To help you decide, we will discuss with you how withdrawing permission to process and share information may affect our ability to provide you with care, and any other options you have.
In some instances, we may not follow your wishes, such as in circumstances where it is necessary to:
- Protect the vital interests of you or others
- Fulfil statutory duties.
- Prevent and detect crime.
If you want to discuss any of the above, please contact your named social care worker or email Information.governance@northtyneside.gov.uk.
Raising a concern
If you feel that something has gone wrong with your personal information, you can contact us in either of the following ways:
Email: information.governance@northtyneside.gov.uk
Letter: Information Governance
Law and Governance
Quadrant
The Silverlink North
North Tyneside
NE27 0BY
Telephone: 0191 643 2333
Once you receive your response, you have the option to challenge it if you are not happy. To do this you need to request an internal review. You have 40 working days after the date you receive the response to do this.
If you feel that the Council has not handled your information correctly you can contact the Information Commissioner's Office (ICO). The ICO is the Government's Independent Body responsible for overseeing data protection. In most cases the ICO will only review cases that have exhausted the Council's internal procedures.
A complaint can be submitted via the ICO website.
For advice and information, the ICO helpline can be contacted on 0303 123 1113.
Document last reviewed: August 2025