Privacy Notice
This privacy notice tells you what to expect us to do with your personal information when you make contact with us or use one of our services. We are the controller for the personal data we process, unless otherwise stated.
Who we are
We are a local authority established under the Local Government etc. (Scotland) Act 1994 and have our headquarters at Newtown St Boswells, TD6 0SA.
You can contact us by:
- phone: 0300 100 1800
- email: customeradvice@scotborders.gov.uk.
Data Protection Officer
Our Data Protection Officer is Nuala McKinlay. You can contact her by emailing dataprotection@scotborders.gov.uk or via our postal address. Please address the envelope ‘Data Protection Officer’.
How we will use your information
We will use your information to
- meet our legal obligations under the Care Act 2014 and the Social Care (Self-Directed Support) Scotland Act 2013
- carry out financial assessments
- provide you with information and advice regarding your Direct Payment
- calculate your Direct Payment and any contribution you will make towards your care
- make payments to you either to a dedicated Direct Payment account or to a Direct Payment Prepaid card
- engage Encompass, a third party, to carry out support, audit and reconciliation services
We are entitled to collect and use this information under its statutory duty to provide this service to you. Specifically, under Article 6(1)(e) of the UK GDPR as the processing is necessary for the performance of a task carried out.
The information you provide will be will be retained for five years after the date of your last Direct Payment.
Who we may share your information with
Your information will be accessed by our staff who need to do so in order to provide the service described above. Encompass are engaged by us to provide support and carry out the audit and reconciliation function and your data will be shared with them so that they can carry out this service. The card provider, allpay, will also access your information to provide support services and fraud prevention. We will share information with them under Article 6(1)(b) as the processing is necessary for the performance of a contract. This also applies to us sharing information with relevant system providers.
We are legally obliged to safeguard public funds so details will be checked internally for fraud prevention and verification purposes and may be shared with other public bodies for the same purpose. It may be necessary to share information with Police Scotland, HMRC and relevant regulators.
In general we do not transfer personal data outside either the UK or the European Economic Area (EEA) and on the rare occasions when it does so we will inform you. We will only transfer data outside the UK and the EEA when it is satisfied that the party which will handle the data and the country it is processing it in will provide adequate safeguards for personal privacy.
Decision-Making
We do not use profiling or automated decision-making processes. Some processes are semi-automated (such as anti-fraud data matching) but a human decision maker will always be involved before any decision is reached in relation to you
Third Party Information
If you have provided anyone else's details to us, please make sure that you have told them that you have given their information to us. We will only use this information as part of the assessment of your need for services and to contact them in connection with delivery of any such services. If they want any more information on how we will use their information they can visit our website or email us at dataprotection@scotborders.gov.uk
Your Rights
You have the right to request access to any personal data held about you by us. You can also request that we restrict the use of your information or even object to any further processing. You can do this by contacting the Data Protection Officer using the contact details provided above. We will respond to your request within thirty calendar days.
For more information on your rights please visit our website or if you would like a hard copy of this information, please contact us using the contact details provided above.
We aim to directly resolve all complaints about how we handle personal information. If your complaint is about how we have handled your personal information, you can contact the Data Protection Officer by email at dataprotection@scotborders.gov.uk or by telephone on 0300 100 1800.
However, you also have the right to lodge a complaint about data protection matters with the Information Commissioner's Office (ICO),
who can be contacted by post at:
- Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
You can contact the ICO by phone on 0303 123 1113 or visit their website for more information.
If your complaint is not about a data protection matter you can find details on how to make a complaint on our website