What this privacy notice is for

Our core data protection obligations and commitments are set out in the council’s primary privacy notice at:

• Data Protection - web page

This notice provides additional privacy information for:

• Oldham’s Multi- Agency Safeguarding Adults

Updating our privacy notices

We may update or revise our privacy notices at any time so please refer to the version published on our website for the most up to date details

What we use your information for

We are required by law to safeguard adults. This is detailed in legislation and guidance including the Care Act 2014.

The Care Act 2014 introduced a core statutory duty of Safeguarding Adults Boards to undertake Safeguarding Adult Reviews (SARs), where an adult with needs for care and support has died and the death resulted from abuse and neglect, or is alive and the Board knows or suspects that they have experienced serious abuse or neglect, and that abuse or neglect might have been prevented if partners had worked together more effectively. This is a requirement under the Care Act 2014 and formal processes are in place in order to carry out such reviews.

The Safeguarding Adult Review processes involve sharing personal information between the OSAB Business Unit (hosted by Oldham Council) and various OSAB partner agencies, commissioned Independent Authors/Lead Reviewers, as well as the subject of the SAR themselves and/or their family members.

We process your personal information for the following purpose(s):

• To carry out Safeguarding Adult Reviews (SARs) and any other enquires when there is a concern that an adult may be at risk of abuse or neglect.
• To fulfil our statutory responsibilities in relation to complying with the multi-agency safeguarding policy and procedures in line with legislation and government guidance.  

We are allowed to process personal and sensitive data for the following reasons under the General Data Protection Regulation (GDPR) Articles and the Data Protection Act:

• To comply with a legal obligation
• For public tasks or statutory functions
• Where there is substantial public interest
• Health and social care
• For public interest such as public health

What categories of personal information do we use?

Personal information can be anything that identifies and relates to a living person. This can include information that when linked with other information, allows a person to be uniquely identified. For example, this could be your name and contact details.

The law treats some types of personal information as ‘special’ because the information requires more protection due to its sensitivity. This information consists of:

• Racial or ethnic origin
• Sexuality and sexual life
• Religious or philosophical beliefs
• Trade union membership
• Political opinions
• Genetic and biometric data
• Physical or mental health
• Criminal convictions and offences

In order to carry out these purposes we collect and obtain the following personal information.

Legal basis for processing

The legal basis for processing and or sharing your personal information is:

• UKGDPR Article 6(1)(c)  - processing is necessary for the  of for compliance with a legal obligation
• UKGDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest in line with legal requirements under the Care Act (2014).
• UKGDPR Article 9(2)(h) -  processing of special data for the provision of health and social care in accordance with Schedule 1, Part 1(2) of the Data Protection Act 2018..
• Data Protection Act 2018 Schedule 1(3) allows us to process special personal data and criminal data for the provision of social care in accordance with Schedule 1, Part 2(6) of the Data Protection Act 2018.

Information sharing/recipients

We may share personal information about you with the below organisations/types of organisations; as well as information collected directly from you, we may also obtain or receive information from:

• Multi-Agency Safeguarding Adults Board Partner agencies
• Affected parties
• Care providers
• Commissioned service providers
• Council departments
• Councillors
• Courts and tribunals
• Government agencies
• Health services
• Healthcare organisations
• Housing associations
• Housing Providers
• Independent Best Interest Assessors
• Law enforcement and prosecuting agencies
• Licensing authorities
• Ombudsman and regulatory bodies
• Other local authorities
• Other public bodies and authorities
• Providers of advocacy services
• Service providers
• Voluntary organisations such as Age UK Oldham

Data Transfers beyond European Economic Area

We do not transfer any of your personal information outside the European Economic Area (‘EEA’).

Automated Decisions

All the decisions we make about you involve human intervention.

How long do we keep your data?

We will only keep your personal information for as long as the law specifies or where the law does not specify this, for the length of time determined by our business requirements.

Your information will only be kept for a specific amount of time after which it will be securely destroyed in line with the council’s record retention policies.

Where can I get advice?

More information on how to seek advice in order to exercise your rights, raise a concern or complain about the handling of your personal information by the council can be found in the council’s privacy notice which can be found at:

• Data Protection