Who will own my data once I submit it?
Knowsley Metropolitan Borough Council
Why do you need my information?
Knowsley Council has responsibility for improving the health of the local population under the Health and Social Care Act 2012 which requires them to commission services to deliver on a number of statutory duties and recommended services for children.
Knowsley Council commission organisations to deliver the services for children, young people and families that aim to improve their health and wellbeing as part of the Healthy Child Programme. This includes some children's health services and health screening programmes that are provided in schools.
The provision of the services requires the processing of personal data including:
Childs name,
School
Address
Gender
Ethnicity
SEND Primary need if applicable
Screening results (which could be opted out, pass, fail, absent)
Referral to other organisations if further services required.
In order to effectively deliver these services within schools, commissioned organisations require access to basic class data each year in order to plan and deliver children’s health services and health screening programmes.
The Council have an information sharing agreement with the commissioned providers of the Healthy Child Programme services who are listed below:
- Wirral Community Health and Care NHS Foundation Trust (Wirral CHC)
- Everyone Health
The Council will share data in order for the programmes to be delivered. The information we will share is basic class list data listed below for each service:
National Child Measurement Programme (NCMP) (Wirral CHC) – Reception and Year 6 children (including home schooled children)
- School name
- Child name
- DOB
- Gender
- Address
- Ethnicity
School Nurses (Wirral CHC) – Reception, Year 6 and Year 9 children
- School name
- Child name
- DOB
- Gender
- Address
Audiology and Vision Screening (Everyone Health) – Reception children
- School name
- Child name
- DOB
- Gender
- SEND primary need if applicable
- Address (Home schooled children only)
By sharing this data with commissioned organisations, it is expected there will be greater engagement with these screening services as a result of better planning and more accurate and up to date data being available each year. This will help to improve health outcomes for children in Knowsley.
In addition to this, Everyone Health will share the below data with Wirral CHC:
- Results of audiology and orthoptic screening including child's name and DOB, opt out, pass, fail, forced referral, absent and results on the second attempt of screening if applicable
Knowsley Schools will be asked to share consent information provided direct to the school.
The individual child’s screening results and any referrals will not be shared with the Council.
What allows you to use my information?
Knowsley Council Public Health Service has responsibility for improving the health of the local population under the Health and Social Care Act 2012 which requires them to commission services to deliver on a number of statutory duties and recommendations for children.
The conditions used to process the personal data under the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 vary depending on purpose of the data share. Each purpose and the conditions for sharing is outlined below.
National Child Measurement Programme (NCMP)
The condition for Knowsley Council and the Commissioned Party to process personal and special category data for the purpose of the National Child Measurement Programme under the UK GDPR is:
Article 6 (1) (c): Legal obligation
Art. 9 (2) (g): Reasons of substantial public interest
The corresponding condition in the Data Protection Act 2018 is:
Sch 1, Paragraph 8, equality of opportunity or treatment
Sch 1, Part 2, Paragraph 6: Statutory and government purposes
Art. 9 (2) (h): Health or social care
Art. 9 (2) (i): Public Health
The corresponding conditions in the Data Protection Act 2018 are:
Sch 1, Part 1, Paragraph 2: Health or social care purposes
Sch 1, Part 1: Public Health
The legislation underpinning the above is:
National Health Service Act 2006
– schedule 1, paragraph 7B states that “the Secretary of State may by regulations (a) authorise the disclosure by any person with whom arrangements under paragraph 7A are made, to any person carrying out the weighing or measuring, of prescribed information relating to the children concerned; (b) require any weighing and measuring provided for [by a local authority] under paragraph 7A to be carried out in a prescribed manner and after compliance with any prescribed requirements, (c) make provision authorising any resulting information relating to a child, together with any advisory material authorised by or under the regulations, to be communicated in a prescribed manner to a person who is, or is treated by the regulations as being, a parent of the child, and (d) make other provision regulating the processing of information resulting from any weighing or measuring provided for [by a local authority] under paragraph 7A and of any other prescribed information relating to the children concerned.”
The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013/218 - “where a local authority provides for a weighing and measuring exercise, personal information relating to the children concerned may be disclosed for the purposes of that exercise — (a) by the local authority to the person carrying out the weighing or measuring of the children on behalf of the local authority; and (b) by the proprietor of the school concerned to the local authority or to the person carrying out the weighing or measuring of the children on behalf of the local authority.”
The condition for Knowsley Metropolitan Borough Council sharing special category personal data (relating to racial or ethnic origin) for the purpose of the National Child Measurement Programme under the UK GDPR is:
School Entry Hearing screening, School Entry Vision screening and School Nursing Service
The condition for Knowsley Council and the Commissioned Parties to process data for the above programmes under the UK GDPR will be:
Article 6 (1) (e): Public task
Art. 9 (2) (g): Reasons of substantial public interest
The corresponding substantial public interest condition in the Data Protection Act 2018 is:
Sch 1, Part 2, Paragraph 6: Statutory and government purposes
Sch 1, Paragraph 16: Support for individuals with a particular disability or medical condition
Art. 9 (2) (h): Health or social care
Art. 9 (2) (i): Public Health
The corresponding conditions in the Data Protection Act 2018 are:
Sch 1, Part 1, Paragraph 2 Health or Social care purposes
Sch 1, Part 1: Public Health
The legislation relied on is the Health and Social Care Act 2012 and the duty to improve public health
Knowsley Education Service
The lawful basis for the sharing of Education data is:
Article 6 (1) (e): Public task
This is permitted under:
Children's Act 2004 part 10 LA must make arrangements to promote co operation between partners to improve wellbeing (and definition of wellbeing includes physical)
NHS Act 2006 Section B In exercising their respective functions NHS bodies (on the one hand) and local authorities (on the other) must co-operate with one another in order to secure and advance the health and welfare of the people of England and Wales
The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013/218 - “where a local authority provides for a weighing and measuring exercise, personal information relating to the children concerned may be disclosed for the purposes of that exercise — (a) by the local authority to the person carrying out the weighing or measuring of the children on behalf of the local authority; and (b) by the proprietor of the school concerned to the local authority or to the person carrying out the weighing or measuring of the children on behalf of the local authority.”
Art. 9 (2) (g): Reasons of substantial public interest
The corresponding substantial public interest conditions in the Data Protection Act 2018 are:
Sch 1, Part 2 , paragraph 6 Statutory and government purposes
Sch 1, Paragraph 8: Equality of opportunity or treatment
Sch 1, Paragraph 16: Support for individuals with a particular disability or medical condition
Art. 9 (2) (h): Health or social care
Art. 9 (2) (i): Public Health
The corresponding conditions in the Data Protection Act 2018 for Art. 9 (2) (h) and Art. 9 (2) (i) are as follows:
Sch 1, Part 1, Paragraph 2 Health or Social care purposes
Sch 1, Part 1: Public Health
The legislation relied on is the Health and Social Care Act 2012 and the duty to improve public health
Who will my information be shared with?
Your child's information will be shared with commissioned health service providers who deliver a range of services and screening programmes in Knowsley schools as part of the Healthy Child Programme. These services are listed below along with the relevant service provider:
- National Child Measurement Programme – Wirral CHC NHS Trust
- School Nursing service – Wirral CHC NHS Trust
- School Entry Audiology Screening – Everyone Health
- School Entry Orthoptic Screening – Everyone Health
- Bridgewater NHS Foundation Trust (Hearing screening secondary care referrals)
- Merseyside and West Lancashire Teaching Hospitals NHS Trust (Vision screening secondary care referrals)
Do I have to provide this information and what will happen if I don’t?
The Council has a statutory duty to commission public health services and require data to identify eligible children. The Council and Commissioned Parties do not require consent to process data as we are processing the data under a different lawful basis. The data is already held by the Council and the Council is the Data Controller.
You will have the option to opt out of any of the services listed on this Privacy Notice when you are contacted in relation to the screening of your child at school
Healthy Child Programme screening services are non-invasive procedures and it is considered in the child’s best interest that this is carried out to enable early diagnosis and treatment of any impairment which can have a detrimental effect on a child’s development and education. Therefore, opt out consent is recommended as usual care.
How long will you keep this data for and why?
Knowsley Council will only store your information for as long as is legally required or in situations where there is no legal retention period they will follow established best practice.
The retention of information, for legal or statutory purposes, is in line with The Records Management Code of Practice for Health and Social Care 2016, namely this is 8 years for adults and 25 to 26 years for maternity, midwifery and children services
Class list data will be kept by partners in line with below retention timescales:
- National Child Measurement Programme - 12 months during the annual collection period, submission of data via the NHS digital system deleted after twelve months.
- Class lists - 12 months for the class lists. Please note it is the health provider that hold child health records.
How will my information be stored?
Secure Filing Systems – our filing and electronic filing systems are secure.
Any transfer of information will be via secure means via Local Authority and NHS secure email.
The commissioned providers have a legal requirement to ensure that data is stored and transferred securely.
Will this information be used to take automated decisions about me?
No
Will my data be transferred abroad and why?
No
What rights do I have when it comes to my data?
Under the Data Protection Act (DPA) 2018/ UK General Data Protection Regulation (UK GDPR), you have the following rights with regards to your personal data:
- The right to subject access – you have the right to see a copy of the personal data that the council holds about you and find out what it is used for
- The right to rectification – you have the right to ask the council to correct or remove any inaccurate data that we hold about you.
- The right to erasure (right to be forgotten) you have the right to ask the council to remove data that we hold about you
- The right to restriction – you have the right to ask for your information to be restricted (locked down) on council systems
- The right to data portability – you have the right to ask for your data to be transferred back to you or to a new provider at your request
- The right to object – you have the right to ask the council to stop using your personal data or to stop sending you marketing information, or complain about how your data is used
- The right to prevent automated decision making – you have the right to ask the council to stop using your data to make automated decisions about you or to stop profiling your behaviour (where applicable)
To find out more about your rights under the DPA 2018/UK GDPR, please visit the Information Commissioner’s website.
To request a copy of your data or ask questions about how it is used, please download a copy of our form and send it to:
Data Protection Officer
Knowsley Council
Municipal Building
Archway Road
Huyton
Liverpool
L36 9YU
Or email: Inforights@knowsley.gov.uk
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 writing to: -
Data Protection Officer
Knowsley Council
Municipal Building
Archway Road
Huyton
Liverpool
L36 9YU
Or email: data.protection.officer@knowsley.gov.uk
You also have the right to complain to the Information Commissioner’s Office using the following details:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.org.uk