Your rights

The law gives you a number of rights to control what personal information is used by us and how it is used by us. To learn more about these rights please see the ICO website.

You can ask for access to the information we hold on you

We would normally expect to share what we record about you with you whenever we assess your needs or provide you with services.

However, you also 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 would apply to all personal information that is in paper or electronic records held by us.

We will be unable to provide you with information in your records which;

  • Contains confidential information about other people
  • Information that a professional thinks will cause serious harm to your or someone else’s physical or mental wellbeing
  • If we think that giving you the information may stop us from preventing or detecting a crime
  • We hold and use, but we are processing on behalf of another company or organisation where they are responsible;

- Such as the provision of services in Essex – known as Short Term Support in the Community, Reablement at Home, Equipment Services and Sensory Services – which would be the responsibility of Essex County Council.

https://www.essex.gov.uk/reque...

- The provision of Community Reablement Services in West Sussex, provided on behalf of West Sussex County Council.

https://www.westsussex.gov.uk/...

If you are unable to request your records in writing, we will support you to make it in the alternative format. Please contact us with any queries you have in regards to your request by phone on 03330 145 438 or email information.governance@essexcares.org.

You can request to have inaccurate information updated

You can ask us to change information you think is inaccurate. 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 erase information (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 reason why it was collected in the first place.
  • Where you have removed your consent for us to use your information, and there is no other legal reason us to use it.
  • Where there is no legal reason for the use of your information
  • Where deleting the information is a legal requirement

Where your personal information has been shared with others, we will do what we can to make sure those using your personal information comply with your request for erasure.

Please note that sometimes we cannot delete your information such as where:

  • We are required to have it by law.
  • It is used for public health purposes.
  • It is necessary for legal claims.

Restrict the use of your information

You can ask to limit what we use your personal data for. You have the right to ask us to restrict what we use your personal information for where:

  • You have identified inaccurate information, and have told us of it.
  • Where we have no legal reason to use that information but you want us to restrict what we use it for rather than erase the information altogether.

When information is restricted it can’t be used other than to securely store the data and with your consent to handle legal claims and protect others, or where it’s for important public interests of the UK.

Where restriction of use has been granted, we’ll inform you before we carry on using your personal information.

You have the right to ask us to stop using your personal information. However, if this request is approved this may cause delays or prevent us delivering that service.

Where possible we’ll seek to comply with your request, but we may need to hold or use information because we are required to by law.

You can ask to have your information moved to another provider (data portability)

You have the right to ask for your personal information to be given back to you or another service provider of your choice in a commonly used format. This is called data portability.

However this only applies if we’re using your personal information with consent (not if we’re required to by law) and if decisions were made by a computer and not a human being.

It’s likely that data portability will not apply to most of the services you receive from the ECL, as they are commissioned by a local authority and provided under contract.

Other Rights

You can ask to have any computer made decisions explained to you, and details of how we may have ‘risk profiled’ you.

You have the right to question decisions made about you by a computer, unless it’s required for any contract you have entered into, required by law, or you’ve consented to it.

You also have the right to object if you are being ‘profiled’. Profiling is where decisions are made about you based on certain things in your personal information, e.g. your health conditions.

If ECL uses your personal information to profile you, in order to deliver the most appropriate service to you, you will be informed.