Privacy notice: how your personal information is used

Who is the data controller for the information we collect

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.

For information submitted directly to Derbyshire Safeguarding Adults Board (DSAB) via the website or Board‑managed activity, DSAB acts as a data controller.

Where information is shared with the Board by its partner organisations for the purposes of exercising statutory safeguarding functions, each partner organisation remains an independent data controller. DSAB has limited access to that information solely to enable it to fulfil its statutory duties under the Care Act 2014.

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 ethnicity
  • physical health
  • mental health

Why we process your data

Respond to your enquiries

We use your information to 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.

Consultations

If you take part in an online consultation or survey, then this will either be anonymous and we will not ask for any personal data or we will be clear with you about how your personal data is being used.

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.

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.

Lawful basis for processing

Depending on the purpose, we may process personal data under Article 6(1)(a), (c), (d) or (e) of the UK GDPR.

Where special category data is processed, relevant conditions under Article 9(2) apply, including reasons of substantial public interest, safeguarding of individuals at risk, health and social care purposes, and statutory review and audit functions

Data retention and storage

Safeguarding Adults Board information is securely held with access only provided to individuals who work for the Board.

Where DSAB holds information provided by partner organisations, retention is governed by the originating organisation’s retention policies. DSAB does not determine retention periods for partner‑controlled information.”

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 Derbyshire Safeguarding Adults Board membership page. In addition, we could share your personal data:

  • in accordance with our Information Sharing Agreement
  • 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
  • where 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

Automated decision making

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

Your rights

You have the following rights, subject to lawful exemptions, to:

  • 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.

These rights are not absolute and may be limited where information is processed to meet statutory safeguarding duties or to protect individuals from harm.

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.

Derbyshire 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.

Contact us

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

Please contact DerbyshireSAB@derbyshire.gov.uk or Derbyshire Safeguarding Adults Board, The Quad, Dock Walk, Chesterfield, S40 2GQ in relation to any issues raised by this Privacy Notice

Changes to this notice

We keep our privacy notice under regular review. This privacy notice will next be reviewed on 1 May 2028.