PRIVACY NOTICE FOR DOMICILIARY HOME CARE SERVICE
Date: 1.3.2025
1 Introduction
As part of the services we offer, we are required to process personal data about our staff, our service users and, in some instances, the friends or relatives of our service users and staff.
“Processing” can mean collecting, recording, organizing, storing, sharing or destroying data.
We are committed to being transparent about why we need your personal data and what we do with it. This information is set out in this privacy notice. It also explains your rights when it comes to your data.
If you have any concerns or questions please contact us.
2 Service Users
2.1 What data do we have?
So that we can provide a safe and professional service, we need to keep certain records about you. We may process the following types of data:
• Your basic details and contact information e.g. your name, address, date of birth and next of kin;
• Your financial details e.g. details of how you pay us for your care or your funding arrangements.
We also record the following data which is classified as “special category”:
• Health and social care data about you, which might include both your physical and mental health data.
2.2 Why do we have this data?
We need this data so that we can provide high-quality care and support. By law, we need to have a lawful basis for processing your personal data.
We process your data because:
• We have a legal obligation to do so – generally under the Health and Social Care Act 2012 or Mental Capacity Act 2005.
We process your special category data because:
• It is necessary due to social security and social protection law;
• It is necessary for us to provide and manage social care services;
• We may be required to provide data to the regulator, the Care Quality Commission (CQC).
We may also process additional data about you with your explicit consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent at any time.
2.3 Common law duty of confidentiality
In our use of health and care information, we satisfy the common law duty of confidentiality because:
• You have provided us with your consent (either implicitly to provide you with care, or explicitly for other uses);
• We have a legal requirement to collect, share and use the data;
• The public interest to collect, share and use the data overrides the public interest served by protecting the duty of confidentiality (for example sharing information with the police to support the detection or prevention of serious crime).
2.4 Where do we process your data?
So that we can provide you with high quality care and support we need specific data. This is collected from or shared with:
You or your legal representative(s);
Third parties.
We do this face to face, via phone, via email, via our website, via post, via mobile messaging, via web forms or via apps.
Third parties are organisations we might lawfully share your data with. These include:
• Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, clinical commissioning groups, and other health and care professionals;
• The Local Authority;
• Your family or friends – with your permission;
• Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC;
• The police or other law enforcement agencies if we have to by law or court order.
3 National Data Opt Out
We review our data processing on an annual basis to assess if the national data opt-out applies. All new processing is assessed to see if the national data opt-out applies. If any data processing falls within scope of the National Data Opt-Out we use MESH to check if any of our service users have opted out of their data being used for this purpose.
At this time, we do not share any data for planning or research purposes for which the national data opt-out would apply. We review all of the confidential patient information we process on an annual basis to see if this is used for research and planning purposes. If it is, then individuals can decide to stop their information being shared for this purpose.
You can find out more information at https://www.nhs.uk/your-nhs-
4 Staff
4.1 What data do we have?
So that we can provide a safe and professional service, we need to keep certain records about our staff. We may record the following types of data:
• Basic details and contact information e.g. name, address, date of birth, National Insurance number and next of kin;
• Financial details e.g. details needed for payroll, insurance, pension and tax details;
• Training records.
We also record the following data which is classified as “special category”:
• Health and social care data, which might include both physical and mental health data – we will only collect this if it is necessary for us to know as an employer, e.g. fit notes or in order for the staff member to claim statutory maternity/paternity pay.
As part of your application you may – depending on your job role – be required to undergo a Disclosure and Barring Service (DBS) check (Criminal Record Check). We do not store the DBS certificate or its contents but retain a record of whether a check was completed and its outcome.
4.2 Why do we have this data?
We require this data so that we can contact you, pay you and make sure you receive the training and support you need to perform your job. By law, we need to have a lawful basis for processing your personal data.
We process your data because:
• We have a legal obligation under UK employment law;
• We are required to do so in our performance of a public task;
• We may be required to provide data to the regulator, the Care Quality Commission (CQC).
We process your special category data because:
• It is necessary for us to process requests for sick pay or maternity pay.
If we request your criminal records data it is because we have a legal obligation to do this due to the type of work you do. This is set out in the Data Protection Act 2018 and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. We do not keep a record of your criminal records information (if any). We do record that we have checked this.
We may also process additional data about you with your explicit consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent at any time.
4.3 Where do we process your data?
As your employer we need specific data. This is collected from or shared with:
You or your legal representative(s);
Third parties.
We do this face to face, via phone, via email, via our website, via post, via mobile messaging, via web forms or via apps.
Third parties are organisations we have a legal reason to share your data with. These include:
• Her Majesty’s Revenue and Customs (HMRC);
• Our pension and healthcare schemes;
• Our external payroll provider;
• Organisations we have a legal obligation to share information with i.e. for safeguarding, the CQC;
• The police or other law enforcement agencies if we have to by law or court order;
• The DBS Service.
5 Friends/Relatives
5.1 What data do we have?
As part of our work providing high-quality care and support, it might be necessary that we hold the following information on you:
• Your basic details and contact information e.g. your name and address.
5.2 Why do we have this data?
By law, we need to have a lawful basis for processing your personal data.
We process your data because we have a legitimate business interest in holding next of kin and lasting power of attorney information about the individuals who use our service and keeping emergency contact details for our staff.
We may also process additional data about you with your explicit consent. If we need to ask for your permission, we will offer you a clear choice and ask that you confirm to us that you consent. We will also explain clearly to you what we need the data for and how you can withdraw your consent at any time.
5.3 Where do we process your data?
So that we can provide high quality care and support we need specific data. This is collected from or shared with:
You or your legal representative(s);
Third parties.
We do this face to face, via phone, via email, via our website, via post, via mobile messaging, via web forms or via apps.
Third parties are organisations we have a legal reason to share your data with. These may include:
• Other parts of the health and care system such as local hospitals, the GP, the pharmacy, social workers, and other health and care professionals;
• The Local Authority;
• The police or other law enforcement agencies if we have to by law or court order.
6 How do we store your personal information?
We securely store your information in both digital and physical formats, following industry best practices to protect your data from unauthorized access, loss, or misuse.
Your information is securely stored for the time periods specified in the Records Management Code of Practice. We will then dispose of the information as recommended by the Records Management Code, for example we will:
• Secure disposal: Paper records are shredded and digital records are securely deleted, to legal standards of destruction;
• Archiving: Where required, we archive records securely in an encrypted digital format or in locked physical storage for the legally required retention period;
• Other actions: If we are legally required to retain certain records for auditing, safeguarding, or legal purposes, we will restrict access and securely store them until they can be safely disposed of.
6.1 Our Website
When you visit our website, we may collect and process certain information to enhance your experience, ensure security, and improve our services.
We may process the following types of data when you interact with our website:
• Cookies and tracking technologies – We use cookies to analyze website traffic, improve functionality, and personalize your experience. You can manage your cookie preferences through your browser settings.
• IP address and browsing behavior – We may collect data about how you interact with our website for security and analytical purposes.
• Web forms and online submissions – If you fill out a contact form, request a consultation, or apply for a job through our website, we collect the information you provide, such as your name, contact details, and message.
We process this information to:
• Ensure our website functions properly and remains secure;
• Respond to inquiries and process requests submitted through web forms;
• Improve our website’s performance and user experience;
• Comply with legal obligations, such as fraud prevention and security measures.
6.2 Your rights
The data that we keep about you is your data and we ensure that we keep it confidential and that it is used appropriately. You have the following rights when it comes to your data:
You have the right to request a copy of all of the data we keep about you.
You have the right to ask us to correct any data we have which you believe to be inaccurate or incomplete. You can also request that we restrict all processing of your data while we consider your rectification request.
You have the right to ask that we erase any of your personal data which is no longer necessary for the purpose we originally collected it for. We retain our data in line with the Information Governance Alliance’s guidelines.
You may also request that we restrict processing if we no longer require your personal data for the purpose we originally collected it for, but you do not wish for it to be erased.
You can ask for your data to be erased if we have asked for your consent to process your data. You can withdraw consent at any time – please contact us to do so.
If we are processing your data as part of our legitimate interests as an organisation or in order to complete a task in the public interest, you have the right to object to that processing. We will restrict all processing of this data while we look into your objection.
If you would like to exercise any of your data rights, please contact us at:
info@procareagency.co.uk
What to Expect:
• We will acknowledge your request within 10 business days.
• You may need to provide adequate information for our staff to be able to identify you, for example, a passport or driver’s license. This is to make sure that data is not shared with the wrong person inappropriately.
• We will provide a full response within one month. If an extension is needed, we will inform you within this period.
If you would like to complain about how we have dealt with your request, please contact:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
https://ico.org.uk/global/