Privacy notice
We regularly update this Privacy Notice; it was last reviewed and updated in June 2023.
When we use your personal data, York SENDIASS complies with the Data Protection Act 2018 and we are part of the City of York Council’s data protection registration with the Information Commissioner’s Office (ICO), reference: Z5809563.
The council is the controller for your information unless we specifically state otherwise in this privacy notice.
When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.
To make it clear how we collect and use your personal data, and to help you understand your rights, we've divided our Privacy Notice into the following areas:
- personal data
- collecting personal data
- using your personal data
- sharing your personal data
- our legal basis for using personal data
- retaining personal data
- transferring personal data abroad
- further processing of personal data
- your rights relating to personal data
Personal data
'Personal data' is any information that relates to an identifiable living person; whether they are identified directly or indirectly by reference to a name, identification number, location data, an online identifier or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
For the purposes of data protection legislation, the term 'personal data' also includes personal information that has been pseudonymised or key-coded (depending on how difficult it is to attribute the pseudonym to an individual).
Collecting personal data
We may collect your information in the following ways:
- via our website
- telephone
- paper, electronic, or online forms
- face-to-face
When we collect your information we will:
- ensure you know why we need it
- only ask for what is necessary for the service we're providing to you
- protect it and make sure nobody has access to it who shouldn’t
- ensure you know if you have a choice about giving us information
- make sure we don’t keep it for longer than is necessary
We ask that you give us accurate information, notify us of any mistakes, and tell us as soon as possible of any changes.
Using personal data
We will use your information to deliver the York SENDIASS services such as:
- monitoring the usage of our website
- responding to your enquiries or referrals
We may use information to create reports and statistics that are anonymous and cannot be linked back to you, your family, or individuals such as:
- statistical analysis
- statutory returns
- audit framework
When we use MS Teams to provide secure online conversations, we may record and or transcribe these and you can find out more about this at Microsoft Office 365 (MS365) Teams Meeting recording and transcription privacy notice.
Where we use data processors who are third parties to provide elements of services for us, we have contracts in place with them. York SENDIASS has a contract in place with Crossdata to provide our case management system. You can find the Crossdata Privacy Policy online. This means that they cannot do anything with your personal information unless we have instructed them to do it.
Sharing your personal data
We will share your personal data with other council services as appropriate, and with other organisations, commissioned partners or contractors who undertake work on our behalf.
We only allow our commissioned partners, contractors and third parties to handle your personal data if we are satisfied, they take appropriate measures to protect it.
We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:
- safeguarding
- law enforcement
- fraud investigations
- regulation and licensing
- criminal prosecutions
- court proceedings
Our legal basis for using personal data
Any personal data including special category data that we process about individuals using York SENDIASS services is done so in accordance with Article 6, 9 and 10 of the UK GDPR and Schedule 1 of the Data Protection Ac 2018 (DPA 2018).
The legal basis for processing your personal data is in accordance with the following:
- Article 6(1)(c) so we can comply with our legal and statutory duties including, but not limited to, those which apply under the legislation shown below
- Children and families act 2014
- SEND Regulations 2014
- SEND Code of Practice 2014
- Article 6(1)(d) in order to protect your vital interests or those of another person
- Article 6(1)(e) for the performance of our public task
- Article 6(1)(f) for the purposes of our legitimate interest
Where the information we process is special category data, for example your health data, the additional bases for processing that we rely on are:
- Article 9(2)(a) your explicit consent
- Article 9(2)(b) which relates to carrying out our legal obligations and the safeguarding of your fundamental rights including, but not limited to, those which apply under the legislation shown below
- Children and families act 2014
- SEND Regulations 2014
- SEND Code of Practice 2014
- Article 9(2)(c) to protect your vital interests or those of another person where you are incapable of giving your consent
- Article 9(2)(g) – where processing is necessary for reasons of substantial public interest
Some of the Schedule 1 conditions for processing special category data require an Appropriate Policy Document (APD) to be in place, that sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice. You can find this at Our Appropriate Policy Document.
We will always ask for your consent to take part in surveys or to get your feedback, about our services.
Retaining personal data
We will only keep your information for as long as is necessary and then we will delete or destroy it securely.
At the end of any defined data retention period, we may pass any relevant information to the City Archives where it is required or appropriate to do so.
Transferring personal data abroad
We do not routinely transfer personal data outside of the UK but when this is necessary, we ensure that we have appropriate safeguards in place and it complies with obligations equivalent to the principles of the Data Protection Act 2018.
Further processing of personal data
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we'll provide you with a new notice.
The new notice will:
- explain this new use before we start the processing
- set out the relevant purposes and processing conditions
Where and whenever necessary, we'll seek your consent to the new processing, if we start to use your personal data for a purpose not mentioned in this Privacy Notice.
Your rights relating to personal data
When we collect your personal data, we'll tell you how we are going to use it. Where we process your personal data, you have several rights under data protection law.
The right to be informed
You have the right to be told how your personal data will be processed. This right applies whether you supply your personal data to us, or whether we obtain your data from a third party. We'll inform you how we're processing your data using privacy notices, to explain what we are doing with your personal data and why.
The right of access to your personal data
You have the right to request access to personal data held about you; this is also known as making a 'Subject Access Request' (SAR).
The right to rectification of your personal data
If your personal data is inaccurate or incomplete, you have the right to ask for this to be rectified. We'll always comply with a request for rectification, unless there is a legal reason why we can’t (for example, if the information held is for evidential purposes and was accurate at the time of collection). Where we can’t rectify your information, we'll provide an explanation.
The right to have your personal data erased
You have the right to ask for any information held about you to be erased - sometimes referred to as the “right to be forgotten". We must legally erase any information where there is no compelling reason for us to be processing it. Where we cannot comply with a request to erase your information, we'll provide an explanation.
The right to restrict the processing of your personal data
You have the right to ask for the processing of your personal data to be blocked or suppressed. This right is like asking for your data to be erased, but in this instance, it means that we can only store/hold your information and can’t process it in any other way. For example,
- where you have contested the accuracy of your information and processing is restricted until its accuracy is verified
- where you have objected to processing and we are considering the legal implications of complying with your request
- where we no longer require the information, but you have specifically asked that we keep it to enable you to seek legal advice or for legal proceedings
Where we cannot comply with a request for restriction of processing because there is a legal reason not to, we'll provide an explanation.
The right to object to certain types of processing
You have the right to object to certain types of processing of your personal data. If you object to the processing of your information and there is a legal reason why we cannot comply we'll provide an explanation.
The right to ask for your data to be sent to another organisation - data portability
There are some limited circumstances where you have the right to ask us to transfer your personal data to another organisation. However, to exercise this right the following criteria must apply:
- you must have given your information to us directly
- we must only be processing your data solely on the basis that you have given your consent, or we are processing it to fulfil a contract (if we're processing your information to fulfil a public task, this right does not apply)
- the processing of the data is carried out by automatic means (only by a computer system with no human intervention)
We do not believe that any type of processing that we carry out would fall within these criteria. However, we'll always comply with requests to provide your data where possible, and if we cannot we'll provide an explanation.
The right to object to automated decision making - including profiling of you
Automated decision making is purely carried out by a computer system with no human intervention. For example, when you apply for credit, a computer system may decide that you're not eligible. We very rarely carry out automated decision makings without any human intervention. However, where we have made an automated decision about you, you have the right to object to this. We'll tell you where we are making automated decisions about you.
The right to raise a complaint with the Information Commissioner’s Officer
If you have a concern about the way we handle your personal data, contact the Information Commissioner's Office (ICO). If the ICO thinks we have not complied with legal obligations, they can give us advice and ask us to solve the problem. The ICO cannot award you compensation, their main aim is to improve the information rights practices of organisations. The ICO will not usually investigate concerns where there has been an undue delay in bringing it to their attention and so you should raise your concerns with them within 3 months of your last contact with us about your concern.
There are some circumstances where other laws prevent us from complying with some of your rights and where this is the case, we'll provide an explanation.
Find out more about your legal rights from the Information Commissioners Office (ICO).
Exercise your legal rights
If you have any questions about this privacy notice, want to exercise any of your legal rights, or if you have a complaint about how your information has been used, please contact us by
- email: information.governance@york.gov.uk
- telephone: 01904 554145
- write to: Data Protection Officer, Corporate Governance Team, City Of York Council, West Offices, Station Rise, York, YO1 6GA