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1. Who is the data controller for the information we collect

Leeds Safeguarding and Adults Board is the data controller for the purposes of the Data Protection Act 2018 and other regulations including the UK General Data Protection Regulation, which means it determines what your data is used for and why it is collected. The purpose of this privacy notice is to tell you about what information we collect about you when you use our service, how we use that information and who we may share it with. To contact us in our role of data controller please use the Contact Us form contact details of the data controller are Leeds Adult Safeguarding Board, Merrion House, 110 Merrion Way, Leeds, LS2 8BB.

For more information about the role of the Safeguarding Adults Board, please refer to About the Board pages on the website

2. Information we may collect

To deliver our statutory functions and respond to your enquiries we may process data in relation to:

  • Names
  • Address
  • Email addresses
  • Phone numbers
  • Race or ethnic origin
  • Physical health 
  • Mental health

3. Why we process your data

We use your information to:

1.    Respond to your enquiries:

Any information you provide us, when you choose to contact us, will be with your consent. This information will not usually be retained but it could be depending on the reasons for contacting us.

Please note:

  • The Board is a statutory body made up of a number of organisations, it is possible your email could be forwarded to a member organisation so as to be able to respond to your enquiry.                                                      
  • The Board has no operational role in safeguarding and so actively seeks to prevent any person or organisations sharing safeguarding concerns about an individual at risk. In the event that this occurs by mistake we will forward the concerns to the relevant agency in accordance with the Board’s Information Sharing Policy so as to prevent the risk of harm to a third party. The information will not be retained by the Board.

2.    To join our Networks

  • If you decide to join our Friends of the Board Network or Virtual Network, then you will be consenting to us to holding personal data so as to be able to contact you and involve you in the way you requested. You can withdraw your consent at any time by contacting us.

3.    Consultations

  • If you take part in an online consultation then this will be anonymous, as we will not ask for any personal data.

4.    In relation to audits and data

  • Section 43(3) of the Care Act 2014 places a legal duty on Boards to coordinate and ensure the effectiveness of what each of its members does.  As such information to fulfil the Board’s statutory functions may be sought under Section 45 of the Care Act 2014 which places a legal duty on partner organisations to provide relevant information. This will often consist of anonymised data but in the event of multi-agency audits coordinated by the Board, this could include personal and sensitive data. Such information is retained only so long as needed for the learning to be identified. No such personal data is included within any subsequent report.

5.    Safeguarding Adults Reviews

  • The Board has a legal duty to undertake Safeguarding Adults Reviews in circumstances detailed in Section 44 of the Care Act 2014; and information will be sought from partners about an individual who has died or experienced serious abuse or neglect under Section 45 of the Act. 
     
  • All information submitted to the Board by an organisation in relation to their service or their support towards a specific individual remains the property of that organisation, the Board has access to the information for the purposes of fulfilling its statutory functions but does not own the information; as a result any request for disclosure will have to be made directly with the member organisation.  See Freedom of Information Requests. 

6.    Exceptional Risk Forum (ERF)

  • The Board hosts an Exceptional Risk Forum with the purposes of seeking to help and protect those at significant risk. In making a referral to the Forum partners need to ensure they are compliant with Information Sharing legislation and regulations. The referral is shared within member agencies who agreed to the Forum’s Confidential Agreement.                                                                                                          
  • The Board have access to the information for the purposes of fulfilling its statutory functions but does not own the information; as a result any request for disclosure will have to be made directly with the referring organisation. See Freedom of Information Requests

4. Lawful Basis for Processing

We will process your data based in accordance with UK GDPR Article 6(1). The processing shall be lawful only if and to the extent that the following applies:


(a) the data subject has given consent to the processing of their personal data for one or more specific purposes.

(c) processing is necessary for compliance with a legal obligation to which the controller is subject;
We will process your special category data in accordance with UK GDPR Article 9(2)

(g) processing is necessary for reasons of substantial public interest, on the basis of 4domestic law which shall be proportionate to the aim pursued... and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;

5. Withdrawing your consent

If you submit a contact us form, you have the right to withdraw your consent from us processing your data to deal with your query at any time. To withdraw your consent please contact us using the contact us page. 


6. Data Retention and Storage

Safeguarding Adults Board information is securely held with access only provided to individual who work directly for the Board.  Retention of Exceptional Risk Forum (ERF) records and those relating to Safeguarding Adults Reviews (SARs) will be in accordance with Adults & Health policies and procedures.
 

7. Who we can share your data with

We may share your personal data with Board members organisations in order to respond to your enquiries or in order to fulfil our statutory functions. A list of our member organisations is included on the About Us page. In addition, we could share your personal data:

  • In accordance with our Information Sharing Policy
  • Where such disclosure is necessary for compliance with a legal obligation to which we are subject;
  • In order to protect your vital interests or the vital interests of another natural person;
  • For the purposes of security and prevention of fraud and other criminal activity;
  • Were such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

8. Automated decision making

Your data will not be used for any automated decision making, including profiling.

9. Your rights

The following rights under data protection law are applicable for this processing:

  • the right to access - you can ask for copies of your personal data
  • the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data
  • the right to erasure - you can ask us to erase your personal data
  • the right to restrict processing - you can ask us to restrict the processing of your personal data
  • the right to object to processing - you can object to the processing of your personal data
  • the right to data portability - you can ask that we transfer your personal data to another organisation or to you
  • the right to complain to a supervisory authority - you can complain about our processing of your personal data
  • the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

10. When your data gets sent to other countries

The majority of personal information is stored on systems in the UK but there are some occasions where your information may leave the UK either in order to get to another organisation or if it is stored in a system outside of the EU. 

We have additional protections on your information if it leaves the UK ranging from secure ways of transferring data to ensuring we have a robust contract in place with that third party. 

We’ll take all practical steps to make sure your personal information is not sent to a country that is not seen as ‘safe’ either by the UK or EU Governments.

If we need to send your information to an ‘unsafe’ location, we’ll always seek advice from the Information Commissioner first.  

11. Freedom of Information requests

The Freedom of Information Act 2000 (FOIA) provides the public with a general right of access to
information held by public bodies, such as local government, the police, and the NHS.
Section 3 of the FOIA provides that:

(2) For the purposes of this Act, information is held by a public authority if—
(a) it is held by the authority, otherwise than on behalf of another person, or
(b) it is held by another person on behalf of the authority.

The Leeds Safeguarding Adults Board however is a statutory partnership in its own right, set up under the Care Act 2014, and is not listed as being a public body in Schedule 1 of the FOIA for the purposes of the FOI. It is therefore exempt from the duty to provide information under the FOIA. A Freedom of Information request can be made directly to member organisations of the Board that are public authorities. However, members in possession of documents produced by the Board are holding this information on behalf of “another person” in this case the Safeguarding Adults Board and as such they are not liable to disclosure under a FOI request.

Equally, all information submitted to the Board by a member organisation in relation to their service
or their support towards a specific individual remains the property of that member organisation, the
Board have access to the information for the purposes of fulfilling its statutory functions but does not own the information; as a result any request for disclosure will have to be made directly with the
member organisation.

Details of how to access information from a public body can be found on the Information
Commissioner’s website at https://ico.org.uk/your-data-matters/official-information/

12. Contact Us

Please use our Contact Us form in relation to any issues raised by this Privacy Notice

13. Changes to this notice

We keep our privacy notice under regular review. This privacy notice was last updated 17/9/24.