Public health privacy notice
1. Name of the Data Controller
Bracknell Forest Council
Time Square, Market Street, Bracknell, RG12 1AJ
2. Contact for Data Protection Officer
Data Protection Officer
Bracknell Forest Council
Phone: 01344 352000
3. Purpose and lawful bases for the personal data that you process
Your personal data will be used to process your application for the services you require provided by Public Health under:
‘Legal obligations' such as those stated in the:
- Health & Social Care Act 2012
- Children & Families Act 2014
Local Authority Public Health Functions Regulations 2013 and related Statutory Instruments and subsequent amendments thereof, to provide health and wellbeing services that include, but not limited to:
- open access sexual health services
- National Child Measurement Programme
- Health Checks for eligible people
- public health advice
- health protection
- to comply with the general duty to improve public health and any other steps to improve the health of people who live in the area, to help individuals minimise the risks to their health and to encourage individuals to adopt healthier lifestyles
Also, data depending on the types of information being held and analysed. These include:
- Section 42 (4) of the Statistics and Registration Service Act (2007) as amended by section 287 of the Health & Social Care Act 2012
- Regulation 3 of the Health Service (Control of Patient Information) Regulations 2002
In order to carry out these legal obligations the council may share the school census data it collects from the schools in the Bracknell Forest area with its appointed commissioners.
‘Consent’ when marketing a service that is being provided.
‘Public interest’ when providing a service in our official capacity such as the promotion of a ‘Stop smoking’ campaign.
Performance of a contract
‘Performance of a contract’ when providing a service with an external provider such as a business providing universal and targeted public health nursing services to children and young people.
4. Basis of processing for special categories of data
Special Categories data is being processed under Article 9(2)(a); (e); (h); (i); (j).
5. Recipients of the personal data that you collect and process
We will need to share you personal data with third parties to deliver our services. Third parties include (for example, Police, Care Home Services, etc) This is not an exhaustive list. You can ask us for more information on the third party service providers. We will not sell your personal data to any party.
Data that is received through our Data Access Agreements with NHS Digital (Hospital Episode Statistics, Births data tables and Primary Care Mortality Dataset) will not be disclosed with a third party that is not identified in our licence agreement.
Any data that is shared will be anonymised and aggregated to a level that complies with the Office of National Statistics Guidance or if we are required to do so for legal reasons. This data is provided through the Personal Demographics Service.
6.International transfers and if applicable any safeguards in place
Your personal data may be stored securely in a cloud based system within the European Union. The council will seek to ensure that an adequate standard of security is obtained if personal data is stored on a system outside the European Union.
7.Retention periods for the data and the criteria for setting that period (for example as set in legislation)
Your data will not be kept for longer than is necessary.
Data that is received through our Data Access Agreements with NHS Digital will be retained for a maximum of 10 years, as stated in the DAA. Other data will be held for 3 years and will be used for comparison on data to develop the service.
8. Individual rights
The GDPR provides the following rights for individuals:
- The right to be informed.
- The right of access.
- The right to rectification.
- The right to erasure.
- The right to restrict processing.
- The right to data portability.
- The right to object.
- Rights in relation to automated decision making and profiling.
9. Right to withdraw consent
If we ask you for your consent when providing our service you have the right to withdraw consent.
You also have the right to opt out of Bracknell Forest Council Public Health receiving and processing your personal identifiable information from NHS Digital datasets, and can choose not to have information about you shared or used for any purpose beyond providing your own treatment or care. However, there are occasions where service providers will have a legal duty to share information, for example safeguarding.
The process for opting out will depend on what the specific data is and what programme it relates to. You can contact your GP for further information about registering an opt-out or to end an opt-out you have already registered.
10. Right to complain to the ICO
If you are not satisfied with the way that Bracknell Forest Council is holding your data, you can contact the Information Commissioner:
Information Commissioner's Office
Phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
Fax: 01625 524 510
11. Existence of profiling and/or automated decision making
Bracknell Forest Council will collate your personal data for profiling or automated decision making as it helps us address inequalities between different population groups and makes it easier to target appropriate health promotion messages.
We do not collect IP addresses.