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Direct payments audit privacy notice

Who will own my data once I submit It

Cheshire West and Chester Council.

Why do you need my information

To allow us to audit Direct Payment records to ensure that Public Funds are used appropriately.

What allows you to use my information

When we collect and process your personal information for the processing of a direct payment audit we are doing so as part of a public task under Article 6, part e of the General Data Protection Regulation. 

The legislation, policies and guidance that allow us to do this includes, but is not limited to:

  • Care Act 2014
  • Mental Health Capacity Act 2005
  • Cheshire West and Chester Council’s Charging Policy
  • Health and Social Care Act

During a system replacement or update, Cheshire West and Chester, where required, may use copies of the data you provide in order to fully test the security of the system before deploying the update to a ‘live’ environment.  When we do this, we are doing so under Legitimate Interests under the General Data Protection Legislation.  If your personal data is used for system testing, it will be copied to a test environment to ensure that changes will be effective and will not cause loss or damage to data in the ‘live’ environment.  The data we hold about you in our ‘live’ systems will not be affected in any way.  Data will not be kept in the test environment for longer than is necessary for testing purposes, and data in that environment will not be used for any purpose other than testing.  Appropriate security precautions and permissions will be applied to the data and any copy used for testing will be deleted as soon as the testing has been completed.

Who will my information be shared with

  • Employees of the Transactional Service Centre
  • Adults and Children's Social Care Services
  • Council Employees, Councillors and MP’s
  • Debt Advisers
  • Third parties, including agencies and brokers who have consent to manage information relating to Direct Payment audits.
  • Fraud services
  • Council staff from our IT departments

Do I have to provide this information and what will happen if I don't

We have to collect this information to ensure that your Direct Payments are being managed appropriately. If you fail to provide required information, you may be required to repay all funds paid in relation to these services, your Direct Payment service may be stopped and fraud services may be alerted if irregularity is suspected.

How long will you keep this data for and why

Seven years in line with the Council’s Retention Policy.

How will my information be stored

  • Information will be stored electronically on three Council systems - ContrOCC, Oracle and Liquidlogic.
  • Secured network access
  • Password controlled
  • Audit trail for every action with date and timestamp
  • Restricted access to certain data
  • Register of interest to lock down accounts

Your rights

Under data protection law, you have rights including:

  • Your right of access - You have the right to ask us for copies of your personal information.
  • Your right to rectification - You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • Your right to restriction of processing - You have the right to ask us to restrict the processing of your information in certain circumstances.
  • Your right to object to processing - You have the right to object to the processing of your personal data in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

To make a request follow the instructions on the Data Protection for you webpage below.

Who can I complain to if I am unhappy about how my data is used

You can complain directly to the Council's Data Protection team by email or post.

  • Email: dpo@cheshirewestandchester.gov.uk
  • By post: Phil Orchard, Data Protection Officer, HQ, Nicholas Street, Chester, CH1 2NP 

You also have the right to complain to the Information Commissioner’s Office using the following details:

Will this information be used to take automated decisions about me

No

Will my data be transferred abroad and why

No

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