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, organising, storing, sharing or destroying data. “Personal information” means information about a living individual who can be identified from that information (either by itself or when it is combined with other information).

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 via the Administrator or General Manager of the appropriate home (residents and relatives) or via HR (staff). Our principal address is Hythe House, 200 Shepherds Bush Road, London, W6 7NL and our contact details can be located at www.efhl.co.uk

EFHL is a wholly owned subsidiary of the charity Elizabeth Finn Care, trading as Turn2Us. More information about Turn2Us can be found at www.turn2us.org.uk

We may update our Privacy Notice from time to time. When we do we will publish the updated Privacy Notice on our website. We would encourage you to visit our website regularly to stay informed of the purposes for which we process your information and your rights to control how we process it.

Service Users (Residents and Relatives)

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.
  • We may also record data about your race, ethnic origin, sexual orientation or religion.

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 (generally this would be in safeguarding instances);
  • It is necessary to comply with other legislation (e.g. in relation to COVID-19 law and guidance)
  • It is necessary for us to provide and manage social care services;
  • We are required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations.

We may also process your data with your 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.

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:

  1. You or your legal representative(s);
  2. Third parties.

We do this face to face, via phone, via email, via our website, via post, via application forms, 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.
  • Third parties who provide our IT services, acting on our behalf. These include our care recording and medication systems, administrative systems, and our banks.

National Data Opt Out

As a CQC registered service, we comply with the national Data Opt Out. More details are available at https://www.digitalsocialcare.co.uk/national-data-opt-out/

Staff

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 record the following types of data:

  • Your basic details and contact information e.g. your name, address, date of birth, National Insurance number and next of kin;
  • Your financial details e.g. details so that we can pay you, insurance, pension and tax details;
  • Your training records.

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 – we will only collect this if it is necessary for us to know as your employer, e.g. fit notes or in order for you to claim statutory maternity/paternity pay;
  • We may also, with your permission, record data about your nationality, race, ethnic origin, sexual orientation or religion.
  • For some staff we record biometric data, in the form of fingerprint recognition for our time and attendance system. This information is not available to other staff or outside of the time and attendance system. An alternative password/pin-code based identification is available.
      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 keep this data once we’ve seen it.

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 have a legitimate interest in processing your data – for example, we provide data about your training to Skills for Care’s National Minimum Data Set, this allows Skills for Care and for workforce planning.
  • We are required to provide data to our regulator, the Care Quality Commission (CQC), as part of our public interest obligations.

We process your special category data because

  • It is necessary for us to process requests for sick pay or maternity pay.
  • It is necessary to comply with other legislation (e.g. in relation to COVID-19 law and guidance)

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 may also process your data with your 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.

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 application forms, 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 (details available on request)
  • 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.
  • Companies providing our DBS Service (details available on request)

Friends/Relatives

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.

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 also use this information to provide update information by email and other means (you can of course opt out of this by contacting the care home).

We may also process your data with your 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.

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 application forms, 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.

Our Website

In order to provide you with the best experience while using our website, we may process some data about you, including your IP address. We also make use of cookies – please see the separate cookie notice.

On those areas of the website which allow you to enter personal information, that data may be available to third parties who provide our web-services and act on our behalf. We will only use information collected lawfully in accordance with the Data Protection Act 2018 (UK GDPR), Health and Social Care Act 2012 and other relevant legislation.

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:

  1. You have the right to request a copy of all of the data we keep about you. Generally, we will not charge for this service;
  2. 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;
  3. 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
    1. The EFHL data retention schedule (which is available on request).
    2. For visitors to our website, the data retention periods are as follows:
      1. Information entered into contact forms: Up to 6 months
      2. Recruitment documentation (unsuccessful applicants): Up to 6 months
      3. Recruitment documentation (successful applicants): 7 years from leaving
      4. Session data including personal information such as IP address may persist for several minutes after the site is left. It is then destroyed automatically by the web-server.
      5. Anonymous usage data (pages visited etc.) may be kept used by systems such as Google Analytics
  4. 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.
  5. 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.
  6. 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.

 

You may need to provide adequate information for our staff to be able to identify you, for example, a passport or driver’s licence. This is to make sure that data is not shared with the wrong person inappropriately. We will always respond to your request as soon as possible and at the latest within one month.

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/contact-us/