One Trafford Response privacy statement - legal basis for processing

All of the public bodies involved in the One Trafford Response way of working have the legal right to use your information to provide you and your family with the support they provide on a day to day basis. This is called “Processing of Data”. Processing means work such as collection, recording, storing, changing, sharing, general use, or destruction.

Each of the organisations listed have to comply with different laws and legal regulations making it their responsibility to provide the necessary services you and your family. Some of the legal acts that the organisations use are listed below:

  • Localism Act 2011
  • Health and Social Care (Safety and Quality) Act 2015
  • Children Act 2004
  • Health and Social Care Act 2001
  • Health and Social Care (Community Health and Standards) Act 2003
  • National Health Service Act 2006
  • Social Security (Claims and Information) Regulations 1999
  • Care Act 2014
  • Crime and Disorder Act 1998
  • Housing Act 1996
  • Homelessness Act 2002
  • Education Act 2011
  • Education and Skills Act 2008

This is not a full list of the laws and regulations that are used to explain why the “processing” of your information is necessary.

The Data Protection Act 1998 requires that conditions from both Schedule 2 and Schedule 3 of the Act are met to allow your information to be used properly.  This means that one of the conditions from each Schedule must be picked to justify the use of your information.

The Schedule 2 Condition that is being used is:

Condition 2

“The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract”

Due to the different types of sensitive information that are being used a number of Schedule 3 Conditions are being used, these are:

Condition 3

“The processing is necessary:

(a) in order to protect the vital interests of the data subject or another person, in a case where

(i) consent cannot be given by or on behalf of the data subject, or

(ii) the data controller cannot reasonably be expected to obtain the consent of the data subject, or

(b) in order to protect the vital interests of another person, in a case where consent by or on behalf of the data subject has been unreasonably withheld.”

Condition 6

“The processing:

(a) is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),

(b) is necessary for the purpose of obtaining legal advice, or

(c) is otherwise necessary for the purposes of establishing, exercising or defending legal rights.”

Condition 7

“The processing is necessary:

(a)   for the administration of justice,

     (aa) for the exercise of any functions of either House of Parliament,

(b) for the exercise of any functions conferred on any person by or under an enactment, or

(c) for the exercise of any functions of the Crown, a Minister of the Crown or a government department”

For more details about what “satisfying the conditions for processing” means visit the Information Commissioner’s Office website