Personal and special category data

What we use personal and sensitive data for and how long we hold it.

Personal data

We will only use your personal data when the law allows us to. The bases are set out in Article 6 of the General Data Protection Regulation (GDPR). In most cases the basis for processing is to enable the performance of a public task.

We will use your personal data in the following circumstances:

  • Public task: to perform a task in the public interest or for an official function.
  • Legal obligation: to comply with the law (not including contractual obligations).
  • Contract: for a contract with you, or because you have asked us to take specific steps before entering into a contract.
  • Vital interests: to protect someone’s life.
  • Legitimate interests: to protect the interests of the County Council or someone else unless there is a good reason to protect your data which overrides those other interests.
  • Consent: you have specifically agreed to our use of your data and we have no other legal basis for processing it.

Special category data (sensitive data)

We will only use your special category personal data when the law allows us to. The bases are set out in Article 9 of the GDPR. In most cases the reason for using this type of data will be to provide social care services, the relevant section being Article 9 (b).

We will use your special category data in the following circumstances, where processing:

  • is with your explicit consent
  • is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law
  • is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent
  • relates to personal data which is manifestly made public by the data subject
  • is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity
  • is necessary for reasons of substantial public interest
  • is necessary for the purposes of preventive or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care, or treatment or the management of health or social care systems and services
  • is necessary for reasons of public interest in the area of public health
  • is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
  • is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim. This is on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes. Also that the personal data are not disclosed outside that body without the consent of the data subjects.

How long we will keep your personal data

We will only hold your personal information for as long as necessary. We use our retention schedules to work out how long we need to keep your information for.

Retention periods are set taking into account statutory requirements and service/business needs. You will be informed how long your data will be kept in the service-specific privacy notice.

 
Last updated:
2 July 2020
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