Adult Social Care privacy notice

Purpose for processing your information

On 7 December 2020, the Secretary of State for Health and Social Care directed NHS Digital to establish and operate a pilot system for the collection and analysis of Client-Level Adult Social Care Data from participating Local Authorities. Westminster City Council is participating in that pilot with effect from August 2021.

The information being provided to NHS Digital supports the Government’s drive toward the integration of health and social care specifically for:

• monitoring service users at a population level
• monitoring service and integrated care outcomes , including prevention strategies and interventions, across care pathways involving Adults Social Care
• designing and implementing new payment models
• understanding current and future population needs and resources utilisation
• analysis and use of the data for discovery and development purposes to enable understanding of the data items and definitions recorded within systems used by Local Authorities with Adult Social Services Responsibilities (CASSRs)
• to support development for future collections.

NHS Digital is directed to collect this information under Data Provision Notices (DPN) issued under Section 259 (1) of the Health and Social Care Act 2012. Along with other participating Local Authorities, Westminster City Council is legally required under Section 259 (5) of the Health and Social Care Act 2012 to provide the information.

Details of the requirement are set out in a Data Provision Notice: Collection of Client-Level Adult Social Care Data (No. 2), published by NHS Digital on 7 May 2021. Details can be found at the following location on the NHS Digital website:

Collection of Client-Level Adult Social Care Data (No 2) Direction - NHS Digital

Once it receives this information, NHS Digital becomes the Data Controller in relation to processing the personal data.

The Secretary of State for Health and Social Care (DHSC) is the Data Controller in relation to determining the purpose for processing the data for England, through the issuing of a direction to NHS England.

How we collect your information

We may collect information about you in various formats, for example by letter, email face to face meetings or visits to your home, telephone, or on-line forms. The information is retained in our case management system and the specific data set provided to NHS Digital is then extracted by a report.

Who the information is shared with

The council provides the data to NHS Digital who then become the data controller.

NHS Digital will only disseminate the information that it holds to the organisations listed in Annex 3 of the Secretary of State for Health and Social Care’s letter of direction.

The information will only be disseminated in response to specific applications made by those organisations to NHS Digital’s Data Access Request Service (DARS). The data disseminated will be pseudonymised personal data where an appropriate legal basis exists or will be anonymised in accordance with the Information Commissioner’s Office (ICO)Anonymisation Code of Practice.

The information will not be published by NHS Digital, in accordance with Section 260 (2) of the Health and Social Care Act 2012.

Details for transfers

The data to be provided will be extracted by running a report against the council’s case management system and will undertake any processing necessary to submit a standard return in line with the Adults Social Care Client Level Data Specification.

The submission is made by loading the data file directly on to a Data Landing Platform managed by a Data Services for Commissioners Regional Office (DSCRO), which processes the data on behalf of NHS Digital. DSCRO staff follow strict rules on accessing, analysing and processing data, operating within an approved legal framework.

How long do we keep your information?

The underlying data for which the council is the Data Controller is retained in the case management system in line with the following retention criteria:

• Mental Health Records: 20 years from case closure date
• Mental Health Records (Person Deceased): 8 years from date of death
• All Other ASC Records: 8 years from case closure date

NHS Digital state that the data that they hold will be held for “20 years Maximum from when the information is received, subject to appraisal if there is a justifiable reason to extend.”

Your rights and access to your information

Details of your rights and access to the information that is retained in the council’s case management system are set out in the main Westminster Council Adult Social Care privacy notice.

However, you have no rights to object to the data being provided to NHS Digital and the NHS National Data Opt-Out does not apply. This is because the data is submitted as required by the Data Provision Notice, which isa legal requirement with which all participating organisations must apply.

If you have any concerns

Please contact us using the contact details in the main Westminster Council Adult Social Care privacy notice if you would like to know more about the information that we hold about you and how we use it.

You have a right to complain to us if you think we have not complied with our obligation for handling your personal information. Read more about our data protection policies.

If you are not satisfied with the council’s response you have a right to complain to the Information Commissioner’s Office (ICO).