Children's Commissioning Privacy Notice

For the processing to which this notice relates to be carried out, we use the following information:
• personal information (such as: your name, address, telephone number)
• sensitive personal information (such as: ethnicity, information about physical and mental health if it is relevant to the commissioned service.)

We might collect information from you directly (e.g. by asking you to complete an online form for registration, monitoring returns or feedback on services) or from other Agencies e.g. Team Doncaster partners.

Your information might be used to commission a variety of different services to meet needs, inform event planning and market development and engagement.

The table below sets out the legal basis for each of the activities that this Privacy Notice covers:

ACTIVITY	Legal Basis
Service user and market engagement	This may be anonymised for research activities, trending and planning of services but explicit consent will be required for any identifiable information  Services are commissioned in accordance with The Children and Families Act 2014 and the Care Act 2014
Commissioning of services	Because to do so is necessary to take steps at your request to enter into a contract for this service Services are commissioned in accordance with the Children and Families Act 2014 and the Care Act 2014 and the Public Contract Regulations 2015
Contract Monitoring of commissioned services and review of service delivery	Because to do so is necessary to monitor and review the performance of a contract to which you are a party
Complaints – to process personal information if it relates to a compliant where you have asked us to be involved to seek a resolution or where an issue has been raised regarding a service provision we have commissioned	Explicit consent is provided to action complaints containing identifiable information
Direct payments for personalised budgets	Because to do so is necessary to take steps at your request to enter into a contract for this service, or for the performance of a contract to which you are party. The Short Breaks Regulations as per the duty in the The Care Act 2014 and SEND code of practice
Safeguarding	To do so is necessary because of a legal obligation, Education Act 1989 Section 47, Children’s Act 2004 Sect 11, The Education (independent school standards) regulation 2014, The Non-Maintained Special Schools (England) Regulations 2015 that applies to the Council. It is not always possible to rely on explicit consent to process information for safeguarding purposes.

The Council collects and uses information about you on the basis that you have given us your consent to do so. You may withdraw your consent and ask us not to use information about you for engagement or reviewing of service delivery by emailing Children’s Commissioning Service directly.

You are required to provide us with your information to contract your services with us. The consequences of not providing the information requested are that we cannot enter into a contract with you and pay for services delivered.

The law means that you have to give us the information we have asked for on this form. If you don’t give us this information then we will be unable to process your tender for any commissioned service you bid on with us, meaning we will not be able to contract with us.

We might share information with other teams within the Council or with other organisations for a variety of reasons, such as to provide services to you, for safeguarding and the prevention and detection of crime. The Council will never sell your information to anyone else, but we may share some of it with other individuals and organisations, including:

• Your Councillor (for example, if you have made a complaint to them about the Council);
• Project partners
• Your care provider
• Evaluation panel for tenders
• NHS South Yorkshire Integrated Care Board (ICB)

We will only share your information when necessary and when the law allows us to, and we will only share the minimum information we need to. Sometimes, we may share your information without your knowledge; for example, to prevent or detect crime or benefit fraud.

We will keep your information for only so long as is necessary. For more information on how long your information will be kept please see the Council’s retention schedule

The General Data Protection Regulation and Data Protection Act 2018 gives you specific rights over your information.
These rights are:
• to be informed of our use of information about you;
• of access to information about you;
• rectify information about you that is inaccurate;
• to have your information erased (the ‘right to be forgotten’);
• to restrict how we use information about you;
• to move your information to a new service provider;
• to object to how we use information about you;
• not to have decisions made about you on the basis of automated decision making;
• to object to direct marketing; and,
• to complain about anything the Council does with your information (please see the next section).

Some of the rights listed above apply only in certain situations, and some have a limited effect.

Your rights are explained further in the Subject Rights Procedure on our website, as is how to make a request under one or more of them.

You can access information about yourself by making a subject access request at the following page of the Council’s website: Subject Access Request

The Council is required by law to have a DPO. The DPO has a number of duties, including:
• monitoring the Council’s compliance with data protection law;
• providing expert advice and guidance on data protection;
• acting as the point of contact for data subjects; and,
• co-operating and consulting with the Information Commissioner’s Office (see ‘Complaints’ below).

The Council’s Data Protection Officer can be contacted at information.governance@doncaster.gov.uk 

If you are unhappy with the way in which your information has been handled you should contact the Council’s Data Protection Officer so that we can try and put things right.

Alternatively, and if we have been unable to resolve your complaint, you can also refer the matter to the Information Commissioner’s Office (ICO).  The ICO is the UK's independent body set up to uphold information rights, and they can investigate and adjudicate on any data protection related concerns you raise with them.  They can be contacted via the methods below:

Website:                     www.ico.org.uk

Telephone:                0303 123 1113

Post:                           Information Commissioner’s Office

                                  Wycliffe House

                                  Water Lane

                                  Wilmslow

                                  Cheshire

                                  SK9 5AF