Personal Data Privacy Notice
Download Here – Data Protection for Clients
This notice is to help you understand how and why we collect your personal information and what we do with that information. It also explains the decisions that you can make about your own information.
If you have been referred to Hafan Cymru by another organisation (for example a Local Authority or another agency like Women’s Aid) they will have passed your personal information on to us so that we can provide you with a service. In this case the organisation who referred you to Hafan Cymru will also determine the purpose and the manner in which any personal data relating to you and your family is to be processed.
What is “personal information”?
Personal information is information that Hafan Cymru holds about you which identifies you. This includes your name, date of birth and address as well as things like health details and records of the type of needs you want us to support you with. Hafan Cymru may also record your religion or ethnic group. Photos, CCTV and video recordings of you are also personal information.
How and why does Hafan Cymru collect and use personal information?
We get your personal information from you (for example through an application or assessment form you have filled in), or from an agency who has referred you to Hafan Cymru (for example a Local Authority or the Police).
We collect this information to help us to deliver the services you have asked for, to help to keep you and your family safe and to let our funding commissioners (for example Local Authorities, the Welsh Government, Police and Crime Commissioners) know that we are doing what they have asked us to do in our contracts with them. Here are some examples:
- We use CCTV to make sure the housing project where you live is CCTV is not used in private areas such as in your flat but only in communal parts.
- We need to report some of your information to your Local Authority. For example, we have to tell your Local Authority Supporting People Team that you are receiving services from Hafan Cymru or to let them or other agencies know if we have any concerns about you or your family’s welfare
- We may need information about any court orders or criminal matters which relate to you. This is so that we can safeguard you and your family’s welfare and wellbeing and that of other tenants if you live in one of our shared properties.
- If you are from another country we have to make sure that you have the right to remain in the UK. We might have to provide information to UK Visas and Immigration who are part of the UK governm
- Depending on where you will go when you leave us we may need to pass on your information so another agency can safeguard you and your family’s welfare and wellbeing and so they can provide you with the services you have requested.
- We may need to share information with the police or other legal advisers to help with an inquiry. Where this is required we will always ask for your consent first and would not pass any personal data on to them if you did not want to consent to this.
- Occasionally we may use consultants, experts and other advisors to assist Hafan Cymru in fulfilling its obligations, to create reports or research into how we can improve our services and to help run Hafan Cymru prop We might need to share your information with them if this is relevant to their work but we will always ask for your consent first and would not pass any personal data on to them if you did not want to consent to this.
- We will only share your information with other people and organisations when we have a good reason to do so. In exceptional circumstances we may need to share it more widely than we would normally.
- We will only use photographs or videos of you for publicity materials with your specific consent for this and you are always able to refuse consent.
Our legal grounds for processing your information
This section contains information about the legal bases that we are relying on when handling your information.
Hafan Cymru holds the legal right to collect and use personal data relating to clients, service users, tenants and their families, and we may also receive information regarding them from other agencies like a Local Authority. We collect and use personal data in order to meet legal obligations, contractual requirements and legitimate interests as set out in the GDPR and in Welsh and UK law, including those in relation to the following:
This is where Hafan Cymru needs to use your information in order to comply with a law, for example to report a concern about your wellbeing to Children’s Services. We may also have to disclose your information to third parties such as the courts, the Local Authority or the police where legally obliged to do so.
Specifically, Hafan Cymru has legal obligations in so far as:
- Safeguarding and promoting you and your family’s welfare and wellbeing, and the welfare of other tenants living in the same shared accommodation as you.
- Ensuring everyone receives a fair, non-discriminatory and equitable service from us.
This means that the processing of personal data is necessary for fulfilling our contractual obligations to you, except where the processing is unfair to you.
Specifically, Hafan Cymru has contractual obligations with:
- The Commissioners and funders for service provision and delivery;
- Providing clients, service users and tenants with the services they have requested.
This means that the processing of personal data is necessary for Hafan Cymru’s legitimate interests, except where the processing is unfair to you.
Specifically, Hafan Cymru has a legitimate interest in:
- Promoting the purpose and activities of Hafan Cymru;
- Running our business efficiently and planning for the future;
- Ensuring that all of Hafan Cymru’s relevant legal obligations and responsibilities are complied
Hafan Cymru must also comply with an additional condition where we process special categories of personal information, for example personal data revealing racial or ethnic origin, religious or philosophical beliefs, health or sexual orientation information.
We will process these special categories of data in a manner that safeguards your fundamental rights and interests and our legal bases for doing so are:
Legal Obligation – Specifically, ensuring everyone receives a fair, non-discriminatory and equitable service from us; and
Legitimate Interests – This is where Hafan Cymru considers the processing of this information is necessary for the establishment, exercise or defence of legal claims. This allows us to share information with our legal advisors and insurers.
We may ask for your consent to use your information in certain, specific ways. For example if we asked a consultant to use your information for a report. If we ask for your consent to use your personal information for a specific purpose you can take back this consent at any time. Any use of your information before you withdraw your consent remains valid.
Who do we share your information with?
We routinely share client, service user and tenant information with:
- Agencies who are also acting on your behalf, for example Women’s Aid
- Local authorities, for example Housing Benefit and Supporting People teams
- Child welfare services
- Examination boards, for example where you are undertaking training while you are receiving support from us.
For how long do we keep your information?
We will keep a record of the majority of your personal information for 7 years however, in some circumstances we may keep information for a longer time. We would only do this if we had a good reason and only if we are allowed to do so under the General Data Protection Regulation (GDPR).
What decisions can you make about your information?
From 25 May 2018 you will be able to make various decisions about your information. Some of these are new rights whilst others build on your existing rights. Your rights are as follows:
- If information is incorrect you can ask us to correct it
- You can ask what information we hold about you and be provided with a copy. We will also give you extra information, such as why we use this information about you, where it came from and what types of people we have sent it to
- You can ask us to delete the information that we hold about you in certain circum for example, where we no longer need the information;
- You can ask us to send you, or another organisation, certain types of information about you in a format that can be read by computer
- Our use of information about you may be restricted in some cases for example, if you tell us that the information is inaccurate we can only use it for limited purposes while we check its accuracy.
- Where the processing of your data is based on your consent, you have the right to withdraw this consent at any time.
If you have any concerns about the way Hafan Cymru is collecting or using your personal data, you can raise a concern with the Information Commissioner’s Office (ICO). The ICO can be contacted on 0303 123 1113 Monday to Friday 9.00 a.m. – 5.00 p.m. or by visiting https://ico.org.uk