Democracy Spraffa

ITEM 14 Privacy Notice

North Lanarkshire Council · 27 September 2023
Back to Health and Social Care Integration Joint Board — 27 September 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

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REPORT 
Item No: 14 
SUBJECT: Privacy Notice 
TO: Integration Joint Board
Lead
Officer for
Report:
Ross McGuffie, Chief Officer North HSCP
Author(s) of
Report 
Stacey Anderson, Support Services, Project Manager 
DATE: 27 September 2023 
1. PURPOSE OF REPORT 
This paper is coming to the IJB for: 
For approval ☒ For endorsement ☐ To note ☐ 
2. ROUTE TO THE BOARD 
This paper has been: 
Prepared By:
Stacey
Anderson
☒ Reviewed By:
Paul
Corrigan,
Solicitor
☒ Endorsed By: ☐

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3. RECOMMENDATIONS
 Approve IJB Privacy Notice 
 IJB Privacy Notice to be added to the NL H&SCP Website 
4.  VARIATIONS TO DIRECTIONS? 
5. BACKGROUND/SUMMARY OF KEY ISSUES
NL IJB are committed to protecting the privacy and confidentiality of any
personal information that we hold.  This privacy notice will tell you how we
look after your personal information and tell you about your rights. 
In line with the UK General Data Protection Regulation (“UK GDPR”) and the
Data Protection Act 2018 a privacy notice for the IJB has been developed to
ensure that personal information is kept secure (Appendix 1). 
This notice is for all members of the community who may receive services
from NL HSCP or give support to other persons who receive those services. It
covers those who participate in research, consultations, surveys or community
events relating to the work of NL IJB and its development of strategic plans. It
is also for any person who makes representations directly to NL IJB, whether
in the form of general enquires, complaints or formal information requests. It
is, finally, for voting and non-voting members of the Integration Joint Board
itself, whose own details may be held either by NL IJB or on behalf of NL IJB. 
6. CONCLUSIONS
As handling personal data is generally unnecessary in order to devise
strategies and monitor of services, NL IJB does not process a large amount of
personal data and does not generally process sensitive personal information
about users of community health and social care services, or any individuals
other than its own Board members. NL IJB will tend to rely upon anonymised,
aggregated or statistical data provided by the partner agencies (North
Lanarkshire Council and NHS Lanarkshire). One or both of these statutory
bodies would generally hold the individual personal data about service users
from which the general data reported to NL IJB is derived. However the
privacy notice provides assurance to the Board and the public that any data
collected by the IJB follows legal guidelines.  
Yes  ☐ No ☒ N/A ☐

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7. IMPLICATIONS 
7.1 NATIONAL OUTCOMES
Link(s) to National Health and Wellbeing Outcomes 
People are able to look after and improve their own health and wellbeing
and live in good health for longer 
☐
People, including those with disabilities or long-term conditions, or who are
frail, are able to live, as far as reasonable practicable, independently and at
home or in a homely setting in their community
☐
People who use Health and Social Care Services have positive
experiences of those services, and have dignity respected
☒
Health and Social Care Services are centred on helping to maintain or
improve the quality of life of people who use those services 
☐
Health and Social Care Services contribute to reducing health inequalities  ☐
People who use Health and Social Care Services are safe from harm ☐
People who work in Health and Social Care Services feel engaged with the
work they do and are supported to continuously improve the information,
support, care and treatment they provide
☐
Resources are used effectively and efficiently in the provision of Health and
Social Care Services 
☒
7.2 ASSOCIATED MEASURE(S) 
7.3 FINANCIAL 
This paper has been reviewed by Finance: 
7.4 RISK ASSESSMENT/RISK MANAGEMENT 
Relevant Risk Register
Details 
Current Risk Level  Risk Owner 
Choose an item. 
Yes  ☐ No ☐ N/A ☒

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7.5  ENGAGEMENT & PARTICPATION
Please tick the engagement and participation objectives that link(s) with this piece of
work and provide further details regarding the engagement and participation that was
undertaken.
Objectives  Further Details 
☐ Involve stakeholders in the development
work aimed at achieving the national 
outcomes 
☒ Provide stakeholders with information on
how to get involved 
☐ Ensure a diverse range of engagement
and participation and opportunities are in 
place to suit different needs 
☐ Measure how well we involve community
stakeholders in the planning, design 
and delivery of our services 
☐ Provide regular feedback on how
stakeholder engagement and participation is 
shaping and influencing service
development and delivery 
☐ Provide support to enable stakeholder
representatives to participate meaningfully
and confidently at meetings 
☐ Develop participation guidelines to ensure
a common understanding and set of 
expectations for both stakeholders and
partnership staff 
☐ Support engagement planning and
participation in localities, taking account of 
other engagement activity and local plans
across the Community Planning 
Partnership 
7.6 INEQUALITIES & FAIRER SCOTLAND DUTY 
EQIA Completed & Fairer Scotland Impact Assessment Form Completed and
attached to report: 
EQIA added to website: 
Yes  ☐ No ☐ N/A ☒

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8. BACKGROUND PAPERS  
None. 
9. APPENDICES
Appendix 1 – Privacy Notice   
CHIEF ACCOUNTABLE OFFICER (or Depute)   
Members seeking further information about any aspect of this report, please contact
the following; Stacey Anderson Stacey.Anderson3@lanarkshire.scot.nhs.uk
Yes /
Date
added 
☐ No ☐ N/A ☒

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Direction from North Lanarkshire Integration Joint Board (IJB) 
1 Reference Number  
2 Report Title  
3 Date direction issued by IJB 
4 Date from which direction
takes effect 
5 Direction to: 
6 Does this direction
supersede, revise or revoke a
previous direction – if yes,
include reference number(s) 
7 Functions covered by
direction 
8 Full text of direction 
9 Budget allocated by
Integration Joint Board to
carry out direction 
10 Performance Management /
Governance arrangements 
11 Date direction will be
reviewed

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Appendix 1 
Privacy Notice
1. North Lanarkshire Integrated Joint Board 
In North Lanarkshire, NHS Lanarkshire and North Lanarkshire Council have
integrated the planning and delivery of all community health and social care services.
This work is led and directed by the North Lanarkshire Integration Joint Board (NL
IJB), with the council and health board working together to deliver those health and
social car services through its Health and Social Care Partnership, Health & Social
Care North Lanarkshire. The main functions of the NL IJB is to strategically plan and
commission the services delegated to it by the two partner bodies. 
NL IJB is a statutory body established under the Public Bodies (Joint Working)
(Scotland) Act 2014. The NL IJB is based at NHS Lanarkshire Head Quarters,
Kirklands, Fallside Road, Bothwell, G71 8BB. 
North Lanarkshire Council is the data controller and responsible for your personal
information. North Lanarkshire Council head office is at Civic Centre, Windmillhill
Street, Motherwell, ML1 1AB. 
2. Commitment to Privacy 
NL IJB are committed to protecting the privacy and confidentiality of any personal
information that we hold.  This privacy notice will tell you how we look after your
personal information and tell you about your rights. 
NL IJB will ensure that your personal information is kept secure, in line with the
General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018. We
will only collect the minimum information necessary to fulfil a particular purpose;
when we don't have a need to keep information about you, it will be disposed of in a
secure manner. 
2.1        Information Commissioner’s Office

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You have the right to make a complaint at any time to the Information
Commissioner’s Office, the UK data protection regulator who can be contacted via
the contact details below, however, we would welcome the opportunity to discuss
your concerns with you before you do so:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Phone: 0303 123 1113 (local rate) or 01625 545 745 or visit their: website 
3. Data Protection Officer
The appointed data protection officer (DPO) within North Lanarkshire Council has
also been appointed as the data officer for NL IJB and is responsible for overseeing
questions in relation to this privacy notice.  If you have any questions about this
privacy notice, including any requests to exercise your legal rights, you can contact
the DPO via the contact details below:
Data Protection Officer   Email: DataProtection@northlan.gov.uk
North Lanarkshire Council  Telephone: 01698 302554
Civic Centre
Windmillhill Street
Motherwell
ML1 1AB 
4. The Personal Information We Hold About You and What We Do with It. 
This notice is for all members of the community who engage with the IJB, covering
those who participate in research, consultations, surveys or community events
relating to the work of NL IJB and its development of strategic plans. It is also for any
person who make representations directly to NL IJB, whether in the form of general
enquires, complaints or formal information requests. It is finally for voting and non-
voting members of the Integration Joint Board itself, whose own details may be held
either by NL IJB or on behalf of NL IJB.

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As handling personal data is generally unnecessary in order to devise strategies and
monitor of services, NL IJB does not process a large amount of personal data and
does not generally process sensitive personal information about users of community
health and social care services, or any individuals other than its own Board
members. NL IJB will tend to rely upon anonymised, aggregated or statistical data
provided by the partner agencies (North Lanarkshire Council and NHS Lanarkshire).
One or both of these statutory bodies would generally hold the individual personal
data about service users from which the general data reported to NL IJB is derived. 
On any occasion when NL IJB does process limited personal information relating to
a limited number of individuals to conduct NL IJB business (e.g. responding to
representations made directly to NL IJB by members of the community, consulting or
liaising with partner organisations and individuals to plan and deliver services). NL
IJB will use information relating to NL IJB board members and partner organisations
and individuals with whom we work with in order to ensure the effective
administration of the business of the IJB. 
NL IJB will also use information to verify the identity of enquires where requires,
contact relevant individuals by post, email or telephone, maintain our records and to
demonstrate to internal auditors and external regulators that NL IJB are providing
proper services in accordance with the law. 
Your personal information may also be used:
• for the prevention and detection of crime
• for the apprehension or prosecution of offenders
• for the assessment or collection of taxes or duties
• to prevent or detect unlawful acts
• to protect the public against dishonesty, malpractice or other seriously
improper conduct
• to prevent fraud (including data matching under local and national fraud
initiatives and the Housing Benefit Matching Service). 
5. Legal Basis for Using Your Information

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NL IJB will use the information referred to above to deliver the functions described in
the North Lanarkshire Integration Scheme which has been developed as directed by
The Public Bodies (Joint Working) (Scotland) Act in 2014. 
There are additionally specific statutory requirements in relation to responding to
complaints, Freedom of Information requests and Subject Access Requests. The
policies on these matters and their legal basis are set out on the website of NL
HSCP:  Health and Social Care North Lanarkshire (hscnl.org.uk). 
When personal information is processed, it is because this is necessary for the
performance of tasks carried out in the public interest by NL IJB, as set out in the
policies and legislations referred to above. In the case of specific enquires requiring
responses, if you do not provide the NL IJB with particular information that they have
asked for then the NL IJB may not be able to provide these services to you. 
NL IJB will only process more sensitive personal information about you were
absolutely necessary for the purpose of the effective planning and oversight of social
care services and the management of health and social care systems as set out in
the Data Protection Act 2018.  As above, this will seldom be necessary, as personal
information will mainly be held by the partner agencies (North Lanarkshire Council or
NHS Lanarkshire).  NL IJB will not usually ask for sensitive personal data about any
identifiable individuals to be submitted directly to them. 
6. Keeping Your Information up to Date
It is important that the personal information NL IJB hold about you is accurate and
current.  Please keep NL IJB informed if your personal information changes during
your relationship with us.
NL IJB don't rent or trade email lists with other organisations and businesses. 
7. Purposes for Which NL IJB Will Use Your Personal Data 
NL IJB will only use your personal information when it is lawful to do so. 
NL IJB will use your personal information to comply with our legal responsibilities
and [insert particular activity to which the privacy notice relates].   
7.1 Change of Purpose

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NL IJB will only use your personal information for the purposes for which we
collected it, unless NL IJB reasonably consider that we need to use it for another
reason and that reason is compatible with the original purpose.  
If NL IJB need to use your personal information for an unrelated purpose, NL IJB will
notify you and will explain the legal basis which allows them to do so.
Please note that NL IJB may process your personal information without your
knowledge or consent, in compliance with the above rules, where this is required or
permitted by law. 
8. Sharing your Personal Information
As per the guidance for public bodies in Scotland, NL IJB will generally comply with
requests for specific information from regulatory and law enforcement bodies where
this is necessary and appropriate. However, the main agencies with whom NL IJB
will share information are the partner agencies (North Lanarkshire Council and NHS
Lanarkshire). This information sharing is covered by a data sharing agreement
created by the Lanarkshire Data Sharing Partnership which is publically available:
Lanarkshire Data Sharing Partnership 
North Lanarkshire Council currently holds and processes records on behalf of NL
IJB, as set out in the NL IJB Records Management Plan, under the terms of the
memorandum of understanding. This means that if enquires or information requests
submitted to NL IJB, or work with NL IJB in respect of consultations and
development of strategic plans, then contact details of the enquirer and any other
relevant information will be held on the North Lanarkshire Council information system
on behalf on NL IJB. This Records Management Plan has been approved in terms of
the Public Records (Scotland) Act 2011. 
This data sharing will be done in accordance with the terms of this privacy statement
and the specific terms set out in the Data Sharing Agreement and Records
Management Plan referred to above. 
9. How Long Will We Hold Your Information?
NL IJB will only retain your personal information for as long as necessary to fulfil the
purposes of which they collected the information for, including for the purposes of
satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information, NL IJB
consider the amount, nature, and sensitivity of the personal information, the potential
risk of harm from unauthorised use or disclosure of your personal information, the
purposes for which NL IJB process your personal information and whether those
purposes can be achieved through other means, and the applicable legal
requirements.

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Because of the special arrangements for records management between NL IJB and
North Lanarkshire Council, the records retention and disposal schedule for NL IJB
records is part of the retention schedule of North Lanarkshire Council. Details of  
retention schedules [665kb] for different aspects of your personal information are
available to download.
In some circumstances NL IJB may anonymise your personal information (so that it
can no longer be associated with you) for research or statistical purposes in which
case we may use this information indefinitely without further notice to you. 
10. Your Legal Rights
Under certain circumstances, you have rights under data protection laws in relation
to your personal information.  You have the right to:
• Request access to your personal information (known as a "data subject
access request").  This enables you to receive a copy of the personal information we
hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you.  This
enables you to have any incomplete or inaccurate data we hold about you corrected,
though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal information.  This enables you to ask us to
delete or remove personal information where there is no good reason for us
continuing to process it.  You also have the right to ask us to delete or remove your
personal information where you have successfully exercised your right to object to
processing (see below), where we may have processed your information unlawfully
or where we are required to erase your personal information to comply with local law. 
Note, however, that we may not always be able to comply with your request of
erasure for specific legal reasons which will be notified to you, if applicable, at the
time of your request.
• Object to processing of your personal information where we are relying on a
legitimate interest (or those of a third party) and there is something about your
particular situation which makes you want to object to processing on this ground as
you feel it impacts on your fundamental rights and freedoms.  You also have the right
to object where we are processing your personal information for direct marketing
purposes.  In some cases, we may demonstrate that we have compelling legitimate
grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal information.  This enables
you to ask us to suspend the processing of your personal information in the following
scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of
the data is unlawful but you do not want us to erase it; (c) where you need us to hold
the data even if we no longer require it as you need it to establish, exercise or
defend legal claims; or (d) you have objected to our use of your data but we need to
verify whether we have overriding legitimate grounds to use it.

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• Request the transfer of your personal information to you or to a third party. 
We will provide to you, or a third party you have chosen, your personal information in
a structured, commonly used, machine-readable format.  Note that this right only
applies to automated information which you initially provided consent for us to use or
where we used the information to perform a contract with you.
• Not be subject to a decision based on solely automated processing if that
produces a legal effect concerning you or similarly significantly affects you.  Note
that this right does not apply if the decision is (i) necessary for entering into, or
performance of, a contract between us and you; (ii) authorised by law; or (ii) based
on your explicit consent
• Withdraw consent at any time where we are relying on consent to process
your personal information.  However, this will not affect the lawfulness of any
processing carried out before you withdraw your consent.  If you withdraw your
consent, we may not be able to provide certain services to you.  We will advise you if
this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact NL IJB or the
DPO. 
11.No Fee Usually Required
You will not have to pay a fee to access your personal information (or to exercise
any of the other rights).  However, we may charge a reasonable fee if your request is
clearly unfounded, repetitive or excessive.  Alternatively, NL IJB may refuse to
comply with your request in these circumstances. 
12.  What May Be Needed from You
NL IJB may need to request specific information from you to help confirm your
identity and ensure your right to access your personal information (or to exercise any
of your other rights).  This is a security measure to ensure that personal information
is not disclosed to any person who has no right to receive it. NL IJB may also contact
you to ask you for further information in relation to your request to speed up our
response. 
13. Time Limit to Respond
NL IJB try to respond to all legitimate requests within one month.  Occasionally it
may take longer than a month if your request is particularly complex or you have
made a number of requests.  In this case, you will be notified and kept updated.