What we need and why
Angus Council needs to process your personal data because the law says that we must do so. We will only collect, use and store personal data to the extent it is necessary and proportionate to do so and in order to:
- provide social work assessments for people convicted of offences;
- provide social work services to persons on a voluntary or statutory basis, including those convicted of having committed an offence;
- ensure that persons are being supported or supervised in the community;
- support persons receiving social care in prison and following release;
- work with persons who are subject to community payback orders, supervised release orders, or diversion from prosecution;
- support and supervise persons who are subject to Multi Agency Public Protection Arrangements
More generally, the council will collect (either from you or third parties) your personal data to carry out any supervisory role the council has in relation to orders that you are subject to and to look into your circumstances to see what needs you have that are eligible for support.
If you have support needs or require supervision, then the council will work with other agencies to put in place a plan to support or supervise you.
The personal data we collect about you will usually include name, address and other contact details, date of birth, national insurance number, details of next of kin/emergency contacts, personal circumstances, but may also include more sensitive personal data such as ethnic origin, sexual orientation, health data and religious beliefs.
In terms of data protection law, we process this information for reasons of public interest (Art 6(1)(d) UKGDPR) or substantial public interest (Art 9(2)(g) UKGDPR).
Legal Basis
- Social Work (Scotland) Act 1968
- Criminal Procedure (Scotland) Act 1995
- Management of Offenders etc (Scotland) Act 2005
- The Children and Young People (Scotland) Act 2014
- Community Justice (Scotland) Act 2016
- Related legislation applying to support for those subject to community justice processes in Scotland
What we do with it
Your personal information is held on servers within the UK and processed by our staff in the UK. No third parties have access to your personal data unless permitted by law.
We may store your data in an electronic system which is password protected and to which only authorised users have access.
The council maintains data protection controls in line with the UK General Data Protection Regulation, the Data Protection Act 2018, the Human Rights Act 1998, other data protection legislation and its own Information Security and Data Protection Policies to ensure the effective and secure processing of your personal information.
Who we share information with
In line with our legal obligations the council may share this information with other public bodies as supervision and social care support often involves multi-agency work. These may include the Scottish Courts and Tribunals Service, the Scottish Prison Service, your GP (NHS Tayside), Community Justice Partners, including Police Scotland, Scottish Fire and Rescue Service, Scottish Government and Skills Development Scotland. It may also include your housing provider for housing-related issues or the Department of Works and Pensions for benefit-related issues.
We will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary, appropriate and permitted under data protection legislation, for example where there:
- are concerns about a risk of harm to individuals, groups/communities or the general public or to public safety;
- is a need to prevent, detect or prosecute a serious crime;
- there might still be an ongoing risk posed to children from a perpetrator you have told us about from when you were a child.
Some information gathered through social workers and psychologists may be used for evaluation, assurance and policy development by the Scottish Government, the Risk Management Authority and Community Justice Scotland. However, the data for evaluation and research purposes does not enable any individual to be identified by these organisations and this use will not impact on your supervision or case.
How long we keep information
The outcome from court will determine how long information about you is kept and there are set periods before any personal identifying information is permanently removed from our systems or files. These retention periods are generally set out in the Council’s Records Retention Schedule. As a general rule, we will not keep your personal data for any longer than it is needed and will dispose of both paper and electronic records in a secure way.
Your rights
The data protection legislation gives you certain rights with regard to your own personal data. However, you may not be able to exercise all of them as these rights might not be applicable to you, e.g. where the Council is acting in line with its obligations under the law. You have the following rights:
- To see any information held about you by making a subject access request
- To request rectification or erasure of your information, where data protection legislation allows this
Further Information
Please note that you should read this service specific Privacy Notice in conjunction with the council’s Full Privacy Statement which is published on the council’s website. This provides you with further information on how we deal with personal data that are not specifically linked to the provision of services by Angus Justice Services and also explains whom you should contact if you have a question or wish to complain to someone about how the Council deals with your personal data.
Changes to this privacy notice
We will continually review and update this privacy notice to reflect changes in our services and feedback from service users, as well as to comply with changes in the law.
This privacy statement was last reviewed in March 2023.