General Data Protection Regulation 2016 - Statement

With affect from the 25 May 2018 the Tre’Care Group, in line with current regulations are required to comply with the General Data Protection Regulation 2016 (“GDPR”) when dealing with any data we process about the residents in our care. The personal data that we collect includes all the information we hold that identifies our resident or is about our resident, for example, their name, postal address (current and previous), date of birth, location data. In some cases, opinions that we document about our residents, as well as special categories of data including but not limited to medical and health records, care plans and information about their religious beliefs, ethnic origin, race, sexual orientation and political views is also retained. This process would also include any contact details we have for you as next of kin for the resident. Everything we do with residents personal data counts as processing it, including collecting, storing, amending, transferring and deleting it. We are therefore required to comply with the Data Protection Legislation to make sure that yours and/residents information is properly protected and used appropriately. This fair processing notice provides information about the personal data we process, why we process it and how we process it.

Our responsibilities

The Tre’Care Group is the data controller of the personal data we hold about our residents. Our General Manager will have day to day responsibility for ensuring that we comply with the Data Protection Legislation and for dealing with any requests we receive from individuals exercising their rights under the Data Protection Legislation.

Why do we process residents and their families’ personal data?

We process our resident’s personal data in order to provide them with the services that have been requested, to fulfil the contract we have entered into with the resident, the local authority and or the NHS commissioning group. We may also process the resident’s personal data to respond to any queries or comments that are submitted to us by the wider multi disciplinary team (MDT) on a day to day basis.

We may need personal data from our resident’s to be able to provide services to them, to meet our legal obligations, to enter into a contract with them or to provide them with all the information they need.

We process most of the information on the grounds of consent from you, on the basis of legitimate interests (to be able to provide the necessary care the resident requires), the performance of a contract we have entered into with you and for protection of the vital interests of a Data Subject (the resident) In the case of special categories of data, we process this information for the provision of health or social care or treatment or the management of health or social care systems or services.

If we obtain consent from you to the processing of residents personal data, you can withdraw your consent at any time. This won’t affect the lawfulness of any processing we carried out prior to you withdrawing your consent.

Who will receive residents’ personal data?

We only transfer residents’ personal data to the extent we need to. Recipients of residents personal data include:

The Local Authority, Kernow Clinical Commissioning Group, the Care Quality Commission, the Local safeguarding Authority.

We don’t transfer your personal data outside of the European Economic Area (EEA).

How long will we keep your personal data?/

We will retain your personal data for a minimum of 3 years. We retain your information for this period in case any issues arise or in case you have any queries. Your information will be kept securely at all times. Following the end of the retention period, your files and personal data we hold about you will be permanently deleted or destroyed. If we are required to obtain your consent to process your personal data, any information we use for this purpose will be kept until you withdraw your consent, unless we are entitled to retain the personal data on the basis of other grounds set out in the Data Protection Legislation.

What are your/residents' rights?

Our residents benefit from a number of rights in respect of the personal data we hold about them. We have summarised the rights which may be available to them below, depending on the grounds on which we process the data.

Access to their data

You have the right to ask us to confirm that we process your/their personal data, as well as having the right to request access to/copies of the personal data held. You can also ask us to provide a range of information, although most of that information corresponds to the information set out in this fair processing notice.

We will provide the information free of charge unless your request is manifestly unfounded or excessive or repetitive, in which case we are entitled to charge a reasonable fee. We may also charge you if you request more than one copy of the same information.

We will provide the information you request as soon as possible and in any event within one month of receiving your request. If we need more information to comply with your request, we will let you know.

Rectification of your/residents' data

If you believe the personal data we hold about you/them is inaccurate or incomplete, you can ask us to rectify that information. We will comply with your request within one month of receiving it at our Head office unless we don’t feel it is appropriate, in which case we will let you know why. We will also let you know if we need more time to comply with any request.

Right to be forgotten

In some circumstances, you/they have the right to ask us to delete personal data we hold about you/them. This right is available to you/them:

There are certain scenarios in which we are entitled to refuse to comply with a request. If any of those apply, we will let you know.

Right to restrict processing

In some circumstances, you/they are entitled to ask us to suppress processing of your/their personal data. This means we will stop actively processing your/their personal data but we don’t have to delete it. This right is available to you/them:

Data portability

You/they have the right to ask us to provide your/their personal data in a structured, commonly used and machine-readable format so that you/they are able to transmit the personal data to another data controller. This right only applies to personal data you/they provide to us:

Where processing is based on your/their consent or for performance of a contract (i.e. the right does not apply if we process your/their personal data on the grounds of legitimate interests).

We will respond to your request as soon as possible and in any event within one month from the date we receive it. If we need more time, we will let you know.

Right to object

You are entitled to object to us processing your/their personal data:

In order to object, you/they must have grounds for doing so based on your/their particular situation. We will stop processing your/their data unless we can demonstrate that there are compelling legitimate grounds which override your/their interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.

Automated decision making

We don’t carry out any automated decision making using your personal data.

Your right to complain about our processing

If you/they think we have processed your/their personal data unlawfully or that we have not complied with GDPR, you can report your concerns to the supervisory authority in your jurisdiction. The supervisory authority in the UK is the Information Commissioner’s Office (“ICO”).

Any questions?

If you have any questions or would like more information about the ways in which we process your/their data, please contact our General Manager at our head office using the contact details from this website

Back to top of page