Privacy notice - Appointee and Deputyship Team (ADT)
Overview
This Privacy notice covers people who receive services from the Appointee and Deputyship Team (ADT).
Your social work practitioner will have talked to you about their referral for you to receive services from ADT. When there is nobody else suitable to do so, ADT apply for authority to manage your finances.
When applying for authority, ADT will use your information to apply to the Department for Work and Pensions (DWP) for Appointeeship and to apply to the Court of Protect for deputyship. ADT will also use the information on your East Sussex County Council (ESCC) record to contact three people to advise them of the application to the court for deputyship, this gives them the opportunity to object.
After ADT have authority, they will use your information to manage your finances including paying your bills, rent and care fees. ADT may need to share information including your name, date of birth and address to manage your accounts.
If you receive your Personal Allowance (the amount budgeted for you to spend) by prepaid card, ADT will share some information with the card company to open the account.
East Sussex County Council takes data protection seriously. Please be assured that your information will be used appropriately in line with data protection legislation, will be stored securely and will not be processed unless the requirements for fair and lawful processing can be met.
What information is being used?
As ADT is part of Adult Social Care, the team can access the information recorded to provide care services. See the privacy notice for Adult Social Care.
To provide ADT services we will hold your name, address, date of birth, contact details and financial information.
The financial information will include your benefits, pensions, savings and any other sources of income and your expenses such as bills, rent, care fees, and any debts that you have. This information is used to create a budget and manage your money.
How will your information be used?
Your data is used to meet our obligations to manage your money as set out by the Department for Work and Pensions (DWP) Appointeeship or Court of Protection Deputyship Court Order.
As part of our authority we must monitor your spending and keep financial records.
We will use your information to contact DWP to manage your benefits. We will also use your data to contact any company that you have an account with to manage your bills.
If you receive your personal allowance on a card, we will share information about your name, date of birth and address to the card supplier so that we can open the account and post the card to you.
European Economic Area (EEA)
If you receive your personal allowance on a prepaid card, we will share your information with the card supplier for this service. The prepaid card supplier PFS may transfer data outside of the EEA, for further information see the PFSL Privacy Information Notice.
We aim to maintain high standards, adopt best practice for our record keeping and regularly check and report on how we are doing. Your information is never sold for direct marketing purposes.
Our staff are trained to handle your information correctly and protect your confidentiality and privacy.
Your information is processed outside of the European Economic Area.
What is the legal basis for processing your information?
Your data will be processed in line with the authority granted by the Department for Work and Pensions BF56 where East Sussex County Council are your Appointee or the Court of Protection Court Order. These give ESCC legal authority to act on your behalf to manage your finances.
How long will your information be kept for?
Your information will be held in line with the East Sussex County Council retention schedule.
Sharing your information
Your data will only be shared where East Sussex County Council are acting on your behalf as the Appointee or Deputy in line with the legal authority granted.
Personal information such as name, address and date of birth may be shared with suppliers or organisations as we manage your utility accounts and prepaid card.
Any sharing of personal data is always done:
- on a case-by-case basis
- using the minimum personal data necessary
- with the appropriate security controls in place
- in line with legislation.
Information is only shared with those agencies and bodies who have a "need to know" or where you have consented to the sharing of your personal data to such persons.
We may use the information we hold about you to assist in the detection and prevention of crime or fraud. We may also share this information with other bodies that inspect and manage public funds.
Use of third party organisations
East Sussex County Council may share your information with trusted external organisations to process your data on our behalf.
We will share information with organisations on your behalf to manage your financial affairs. If we provide you with a prepaid card for your personal allowance, we will share information with the supplier to open your account.
Any organisation commissioned by the Council will be under contractual obligation to comply with data protection legislation.
Your rights
Under data protection legislation, you have the right:
- to be informed why, where and how we use your information
- to ask for access to your information
- to ask for your information to be corrected if it is inaccurate or incomplete
- to ask for your information to be deleted or removed where there is no need for us to continue processing it
- to ask us to restrict the use of your information
- to ask us to copy or transfer your information from one IT system to another in a safe and secure way, without impacting the quality of the information
- to object to how your information is used
- to challenge any decisions made without human intervention (automated decision making)
Please visit data subject rights for further details.
How to find out more or complain
Should you have any further queries on the uses of your information, please speak directly to our service:
Appointee and Deputyship Team
4th Floor, St Marys House
52 St Leonards Road
Eastbourne BN21 3UU
Phone: 01323 747438
Email: ASC Appointeeship
To complain about the use of your information, please contact our Customer Services Team or our Data Protection Officer.
Further information on making a complaint.
You can also contact the Information Commissioner's Office (ICO) for further information or to make a complaint:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Phone: 0303 123 1113 (local rate)