Updated May 2018
disAbility Cornwall & Isles of Scilly is committed to protecting your privacy when you use our services. This Privacy Notice explains how we use information about you and how we protect your privacy in line with the General Data Protection Regulations (GDPR).
We have a Data Protection Lead who makes sure we respect your rights and follow the law. If you have any concerns or questions about how we look after your personal information, please contact the Data Protection Lead, Katie Pratt, at , by calling 01736 759500, or by writing to us at disAbility Cornwall & Isles of Scilly, Units 1G/H Guildford Road Industrial Estate, Hayle, TR27 4QZ.
Why we use your personal information
Personal information can be anything that identifies and relates to a living person. This can include information that when put together with other information can then identify a person. For example, this could be your name, contact details, or national insurance number.
Special categories of personal information
Some information is ‘special’ and needs more protection due to its sensitivity. Under GDPR, the categories of special personal information are:
- Race or ethnicity
- Political opinion
- Sexuality and sexual health
- Religious or philosophical beliefs
- Trade union membership
- Physical or mental health
- Sexual orientation and sexual life
- Criminal history
- Genetic/biometric data.
Why do we need your personal information?
We may need to use some information about you to:
- Deliver services and support to you (e.g. Advice Services, Care and Support Services, membership, training, email newsletters)
- Manage those services we provide to you
- Train and manage the employment of our workers who deliver those services
- Help investigate any worries or complaints you have about our services
- Keep track of how our services are being used
- Check the quality of services (internally and by external organisations)
- Help with research and planning of new services.
How the law allows us to use your personal information
We will only collect and use your personal information when we have at least one legal basis to do so, as defined by GDPR. These are:
- Contractual obligation
- Legal obligation
- Vital interests (i.e. life-or-death situations)
- Public interest
- Legitimate interests.
We have a variety of services and users will be informed of the legal basis for processing personal information for a specific service when they first engage the service. This could be over the phone, face-to-face, via email, letter, or via further service specific policy notices.
Generally we collect and use personal information only where:
- You, or your legal representative, have given consent
- You have entered into a contract with us
- It is necessary to perform our statutory duties
- It is necessary to protect someone in an emergency
- It is required by law
- It is necessary for employment purposes
- You have made your information publicly available.
If consent is the only legal basis we have to use your personal information, you have the right to withdraw consent it at any time and we will delete or anonymise your personal information. If you want to remove your consent, please email or call 01736 759500 and tell us which service you’re using so we can deal with your request.
We only use what we need
Generally, we’ll only collect and use personal information if we need it to deliver a service or meet a requirement.
If we don’t need personal information we won’t ask you for it, or we won’t record it, or we’ll delete it or make it anonymous if we’ve already recorded it. For example in a survey we may not need your contact details and we’ll only collect your survey responses.
If we use your personal information for research and analysis, we’ll always keep you anonymous or use a different name unless you’ve agreed that your personal information can be used for that research.
We don’t sell your personal information to anyone else.
What you can do with your information
The law gives you a number of rights to control what personal information is used by us and how it is used by us.
You can ask for access to the information we hold on you
You have the right to ask for all the information we have about you and the services you receive from us. When we receive a request from you in writing, we must give you access to everything we’ve recorded about you. This will generally be free of charge, however we are a charity and have to make best use of staff time, therefore we may charge a reasonable fee if the request is excessive, unfounded or repetitive.
We will not be able to provide you with any parts of your record which contain:
- Confidential information about other people
- Data that a professional thinks will cause serious harm to you or someone else’s physical or mental wellbeing
- Information we think may stop us from preventing or detecting a crime.
This applies to personal information that is in both paper and electronic records. If you ask us, we’ll also let others see your record (except if one of the points above applies).
If you can’t request your records in writing, we’ll make sure there are other ways that you can. If you have any queries about access to your information please contact the Data Protection Lead at or call 01736 759500.
You can ask to change information you think is inaccurate
You should let us know if you disagree with something written on your file.
We may not always be able to change or remove that information but we’ll correct factual inaccuracies and may include your comments in the record to show that you disagree with it.
You can ask to delete information (your right to be forgotten)
In some circumstances you can ask for your personal information to be deleted, for example:
- Where your personal information is no longer needed for the reasonit was collected in the first place
- Where you have removed your consent for us to use your information (where there is no other legal reason for us to use it)
- Where there is no legal reason for the use of your information
- Where deleting the information is a legal requirement.
In the rare circumstance where your personal information has been shared with others, we’ll do what we can to make sure those using your personal information comply with your request for erasure.
You have the right to ask us to stop using your personal information for any disAbility Cornwall & Isles of Scilly service. However, if this request is approved this may cause delays or prevent us from being able to provide our service to you.
Where possible we’ll seek to comply with your request, but we may need to hold or use your personal information because we are required to by law.
Who do we share your information with?
We use a range of organisations to either store personal information or help deliver our services to you. Where we have these arrangements we take measures to satisfy ourselves that the organisations are reputable, trustworthy and comply with data protection law.
We very rarely share your personal information unless you have given us consent to do so.
There are some exceptional circumstances where we have a legal duty to provide personal information to other organisations, or if we feel there’s a good reason that’s more important than protecting your privacy, including:
- If a court orders that we provide the information
- In order to prevent crime and fraud
- If there are serious risks to the public, our staff or to other professionals
- To protect a child or vulnerable adult.
If we’re worried about your physical safety or feel we need to take action to protect you from being harmed in other ways, we’ll discuss this with you and, if possible, get your permission to tell others about your situation before doing so.
If you do not give consent we may still share your information if we believe the risk to others is serious enough to do so.
There may also be rare occasions when the risk to others is so great that we need to share information straight away.
If this is the case, we’ll make sure that we record what information we share and our reasons for doing so. We’ll let you know what we’ve done and why, if we think it is safe to do so.
How do we protect your information?
We’ll do what we can to make sure we hold records about you (on paper and electronically) in a secure way, and we’ll only make them available to those who have a right to see them. Examples of our security include:
- Controlling access to systems and networks with passwords which are kept secure and changed regularly. This allows us to stop people who are not allowed to view your personal information from getting access to it
- Storing paper documents securely in locked cupboards and destroying paper documents promptly when they are no longer needed
- Keeping data anonymous where appropriate or removing identifying personal information after a service has been delivered
- Training our staff and volunteers, and the use of detailed data protection policies and procedures. This allows us to make them aware of how to handle information and how and when to report when something goes wrong
- Regular testing of our technology and ways of working, including keeping up to date on the latest security updates.
In the unlikely event that there is a data breach we have a procedure in place to inform the Information Commissioner’s Office and anyone whose personal information was mishandled. We will investigate any breaches or near misses immediately to ensure it doesn’t happen again.
How long do we keep your personal information?
There’s sometimes a legal reason to keep your personal information for a set period of time. Where there is not a specified time period for retention in law or in official government guidelines, we follow best practice guidelines and carefully consider an appropriate retention period for the personal information we hold. See the table in the next section for the retention periods of our main services.
disAbility Cornwall & Isles of Scilly Services
The table below lists our main services and the key information about how and why we process personal information for each service.
|About the personal information we may hold, and how and why it may be used||We record client case notes on our case management system, CharityLog. We may record personal information such as your name, address, email address and phone number so we can help with your enquiry and contact you if necessary. For higher level support, you may also choose to share information with us about your income, work and education history, hobbies etc.
Usually the only special category of information we may record will relate to your health. This may help us understand your enquiry better, and as a disabled people's organisation we monitor data about our client's health and disabilities anonymously in order to inform our work.
Client case records can only be accessed by relevant disAbility Cornwall & Isles of Scilly staff and volunteers, and a randomly selected sample will be viewed in strict confidentiality by an external auditor as part of the Advice Quality Standards assessment (Advice Quality Standard website). Consent (Clients can request their case notes are held anonymously i.e. with no identifying personal inform
|Retention period||6 years from the last entry on case file|
|Service||SENDIASS and Independent Support|
|About the personal information we may hold, and how and why it may be used||We record client case notes on our case management system, CharityLog.
Case notes and other documents we may record in order to support clients include the parent’s name, address, email address, phone number, the child’s name, date of birth, which school they attend, minutes of meetings, a copy of their Education Health and Care Plan.
Usually the only special category of information we may record will relate to your child’s health / disability / additional need. Client case records can only be accessed by relevant disAbility Cornwall & Isles of Scilly staff and volunteers, and a randomly selected sample will be viewed in strict confidentiality by an external auditor as part of the Advice Quality Standards assessment (Advice Quality Standard website).
|Retention period||6 years from the last entry on case file|
|Service||Personal Health Budget Support Planning Service|
|About the personal information we may hold, and how and why it may be used||In order to support you to develop a Personal Health Budget Support Plan, we may record personal information such as your name, date of birth, address, email address and phone number, NHS number, and a list of professionals linked to your care.
Usually the only special category of information we may record will relate to your health.
This information is held securely on the organisation’s server and only accessible to relevant staff.
Support Plans are developed in liaison with NHS professionals. When personal information needs to be sent between disAbility Cornwall & Isles of Scilly and the NHS, this is done via encrypted message.
|Legal basis||Contractual obligation (Processing this data is necessary for us to be able to provide you with the services you have engaged us for)|
|Retention period||6 years from the Support Plan being signed off|
|Service||Payroll and Managed Accounts|
|About the personal information we may hold, and how and why it may be used||We record and use personal information about you, and your employees, if applicable, in order to process your payroll and administer your managed account.
This will usually include your name, address, email address, phone number, PAYE reference, your employees’ names, addresses, date of birth, NI number, bank account sort code and account number.
This information is held security on the organisation’s server and only accessible to relevant staff.
|Legal basis||Contractual obligation (Processing this data is necessary for us to be able to provide you with the services you have engaged us for) Legal obligation (Requirement of HMRC)|
|Retention period||7 years after you cease to be a client|
|Service||5 Degrees West (training service)|
|About the personal information we may hold, and how and why it may be used||If you attend one of our training courses we will usually record your name and contact information in order to be able to administer the training session.
If the training is accredited we will also need to give your name to the accrediting body so they can provide you with a certificate.
|Legal basis||Contractual obligation Consent|
|Retention period||2 years from the training session|
|Service||Have a Go Days|
|About the personal information we may hold, and how and why it may be used||If you book your child onto one of our Have a Go Days, we will ask for your consent to hold the personal information you give to us in order to be able to administer the Have a Go Days. This will include your name and contact information, your child’s name, address and additional need. We will ask if you consent to your child’s photograph being taken. Photographs may be posted online or used in other publicity, but we will not use your child’s name with the photo.
The data is held securely and only given to the head coach, Mike Shilton, for use on the day.
We use information about attendees collectively for monitoring and reporting, however we will not share any identifying personal information unless we have your consent to do so.
We will also ask if we can contact you via email to let you know about future Have a Go Days and to ask for feedback.
|Retention period||2 years from the last contact|
|About the personal information we may hold, and how and why it may be used||We are a membership organisation and our governing document stipulates the charity’s membership shall consist of at least 51% disabled people. Membership is voluntary and all information you give to us as part of your membership is voluntary.
Annually you will receive an invitation to our AGM and a Christmas card, which you can choose to receive either via email or post.
We store personal information such as the name, address and email address in order to be able to contact the member for the above reasons, and information relating to their health / disability (when volunteered by the member) in order to inform our work and to ensure we comply with our governing document.
|Retention period||All personal information of a member will be deleted immediately upon request|
|Service||Weekly email newsletter|
|About the personal information we may hold, and how and why it may be used||We send a weekly email newsletter which contains a round-up of information and stories we have shared via social media that week. This may include opportunities for people to engage with us, for example by completing a survey or giving feedback on an issue faced by our stakeholders.
The only information we store in order to do this is your email address, when you have given it to us and given us consent to send you our weekly email newsletter.
We send these emails via MailChimp, an email marketing service. MailChimp has inbuilt tools which help us comply with data protection law and it makes it easy for recipients to unsubscribe from the emails at any time.
|Retention period||Recipent's email address will be deleted immdiately upon request|
Occasionally we have other short-term initiatives or services which do not fit into the services listed above. Every time we do something new we carefully consider your privacy and follow best practice, and aim to make our privacy policies as transparent and accessible as possible.
disAbility Cornwall & Isles of Scilly has several websites:
To make our websites easier to use, we sometimes place small text files on your device (for example your iPad or laptop) called cookies. Most big websites do this too.
They improve things by:
- Remembering the things you’ve chosen while on our website, so you don’t have to keep re-entering them whenever you visit a new page
- Measuring how you use the website so we can make sure it meets your needs.
By using our websites, you agree that we can place these types of cookies on your device.
Our cookies aren’t used to identify you personally. They’re just here to make the site work better for you. You can manage and/or delete these files as you wish.
To learn more about cookies and how to manage them, you can visit www.aboutcookies.org
Turning off cookies
You can stop cookies being downloaded on to your computer or other device by selecting the appropriate settings on your browser. If you do this you may not be able to use the full functionality of our websites.
There is more information about how to delete or stop using cookies on www.aboutcookies.org. You can also opt out of being tracked by Google Analytics.
We use Google Analytics to collect information about how people use ourwebsites. We do this to make sure it’s meeting peoples’ needs and to understand how we can make the website work better.
Google Analytics stores information about what pages on our websites you visit, how long you are on the sites, how you got there and what you click on while you are there.
We do not collect or store any other personal information (e.g. your name or address) so this data cannot be used to identify who you are.
We do not:
- Share any of the data we collect about you with others, or
- Use this data to identify individuals.
Our websites contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage you to be aware when your leave our websites and to read the privacy notices of any other site that collects personally identifiable information.
Further guidance on the use of personal information can be found at: www.ico.org.uk
Where can I get advice?
If you have any worries or questions about how your personal information is handled by disAbility Cornwall & Isles of Scilly, or you would like to receive this Privacy Notice in another format, please contact our Data Protection Lead at or by callng 01736 759500.
For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner’s Office (ICO) at:
Information Commissioner's Office
Cheshire SK9 5AF
Tel: 0303 123 111