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  4. What is the legal basis for processing your information?

What is the legal basis for processing your information?

Our legal basis for collecting and processing your data is to fulfil our legal obligations and when it is considered necessary to enable us to carry out our tasks, functions, duties or powers or to perform a task carried out in the public interest. This is in line with GDPR Article 6,1 (c & e).

We will also need to process your special category data where it is necessary for the provision of health or social care, where there is a substantial public interest or where we are protecting public health. This is in line with GDPR Article 9,2 (g), Data Protection Act 2018 Schedule 1, Part 2, Part 2 Paras 6, 8, 17, 18 and 19 and GDPR Article 9,2 (h), Data Protection Act 2018 Schedule 1, Part 1, Para 1, 2 and 3 and GDPR Article 9, 2(i).

Where we rely on seeking your Consent to process your data, we will ask on an individual basis.

In addition to working within strict compliance with data protection legislation, Adult Social Care and Health also work within the below legislation and regulations:

  • Care Act 2014, Care and Support Statutory Guidance
  • Health and Social Care Act 2008
  • Mental Health Act 1989, associated Codes of Practice
  • Mental Capacity Act 2005 and Deprivation of Liberty Safeguards
  • The Care and Support (Discharge of Hospital Patients) Regulations 2014
  • Localism Act 2011
  • Equalities Act 2010
  • Chronically Sick and Disabled Persons Act 1970
  • Children Act 2004
  • Local Government Act 1974 and 1999
  • The Housing Grants, Construction and Regeneration Act 1996
  • Care Homes Regulations 2001
  • Homelessness Reduction Act 2017
  • The Care Quality Commission (Registration) Regulations 2009
  • The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
  • The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013

Where your personally identifiable data is used for ‘secondary purposes’ e.g. to help plan future service provision, to allow other organisations to offer services to you which may be of interest we will ask for your consent.