Privacy notice - Domestic Abuse Multi-Agency Risk Assessment Conference (MARAC)
Overview
This Privacy notice covers high risk domestic abuse victims, alleged perpetrators and any children in the family referred to the Multi Agency Risk Assessment Conference for Domestic Abuse (MARAC).
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?
In order to provide the service, we will collect:
Name, address, Date of Birth, gender, gender identity, martial/relationship status, telephone number, email address: may be recorded for the alleged victim, alleged perpetrator and any children. This is to ensure correct identification of individuals and for potential safe contact.
Financial information will only be shared if related to the risks to be managed in the case.
The name, contact details of the referrer may also be included in the referral form and used as a point of contact when managing the case and in determining the safety plan.
The name and contact details of the members of staff involved in the case may also be listed in the record of the MARAC discussion.
Racial or ethnic origin, Religious or philosophical beliefs, sexuality: The information is used to consider additional support to the victim. It is also anonymised and collated to assess the performance of MARAC and wider partners who support victims.
Mental Health and Physical health: The information is used to consider additional support for the victim and to support/disrupt the alleged perpetrator.
Criminal offences: This information is used to consider the risks and safety plan e.g. related criminal history of the alleged perpetrator.
Political opinions will only be shared if related to the risks to be managed in the case and used to consider additional support for the victim and to support/ disrupt the alleged perpetrator.
Additional data collected for the purpose of the safety plan and used to consider additional support for the victim and to support/ disrupt the alleged perpetrator.
If there is a Carers role:
- Risk of 'so called' honour based violence
- Risk of female genital mutilation
- Risk of forced marriage
- If there are barriers to communication
- Housing information or provider
- Registered GP
- Occupation and employer (including Armed Forces Service)
- Care and Support Needs
- Pregnancy
- Details of services being received
- Views and wishes of those being assessed
- Personal appearance and behaviour of those being assessed
- Licenses or permit held
How will your information be used?
The purpose of sharing personal data is to inform safety planning and risk management for high-risk domestic abuse victims, associated children (safeguard children) and any other family members at risk from the alleged perpetrator. This information may also be used to review decision-making and quality assurance processes including review of cases.
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 in the UK or in a country with an adequacy agreement with the UK.
What is the legal basis for processing your information?
The processing is necessary to perform a task in the public interest or for official functions, and the task or function has a clear basis in law.
To comply with the law we may collect and process data because of one of the following pieces of legislation:
- The Data Protection Act (2018)
- The General Data Protection Regulation (GDPR) 2018
- The Human Rights Act (2000)
- The Crime & Disorder Act (1998)
- The Housing Act (2004)
- Equality Act 2010
- The Domestic Violence & Victims Act (2004)
- The Children Act (1989 and 2005)
- Domestic Abuse Act 2021
How long will your information be kept for?
We will hold your data for 8 years from when contact was last made.
Sharing your information
Information is shared with partners for the purposes of delivering organisational obligations with regard to safety planning and risk management for high-risk domestic abuse victims.
Any sharing of personal data is always done:
- on 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.
Personal data is shared with external organisations in order to understand the risks and effectively safety plan and to review decision-making.
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:
East Sussex Domestic Abuse, Sexual Violence/ Abuse & VAWG Team
Email: MARAC ESBH
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)