Privacy notice

Our purpose is to build confidence in the workforce, and lead and support improvement in social care in Wales.

Our responsibility to protect your data

We are registered as a Data Controller with the Information Commissioner’s Office. This means that we are responsible for:

  • determining what information we will hold about you;
  • informing you about the personal data we collect about you;
  • telling you from where we collect your personal data, if not from you directly
  • telling you how we process and utilise your personal data;
  • providing details of the legal basis for the processing; and
  • telling you if there are likely to be occasions where we will share your data with other agencies or third parties

We have a responsibility to protect your data and comply with legislation, including the Data Protection Act 2018, and we take this responsibility seriously. 

Information collected

The type of information we collect and how we use it are set out below. Some of this information will be provided directly by yourself. On other occasions employers, trainers and other such agencies may provide it. We will only collect and retain information that we require to carry out our functions and/or to provide services to you.

There are a number of legal bases we can reply on to collect and process personal data. These are described in more detail below.

If you are a registered person, the main legal bases on which we rely when processing your information are the legal obligation and public interest legal bases which mean we are obliged to collect certain information about you and process it in certain ways. We also rely on your consent when for non- essential communications such as sending out newsletters or notifying you of events.

The legal bases which can be relied on to process your personal information include:

  • Legal obligation - This applies where we need to collect and use your personal information to comply with a legal obligation
  • Public interest - As a public body, we collect and use personal information where this is necessary to perform tasks that are in the public interest or to perform our official functions
  • Vital interests –we collect and utilise information to protect the vital interests of yourself or of another individual
  • Consent - We may on occasion need your consent to use your personal information. In such instances you can withdraw and adjust your consent by contacting us (see below) or manage your preferences within your SCWOnline account if you have one.
  • Contract – This applies where we have a contract with you and need to process your personal data for the purposes of the contract. It also applies where we need to process your personal data in order to enter into a contract with you.
  • Legitimate interests – We are also entitled to process your personal data where it is in our legitimate interests to do so, or those of a third party. We only do this where we are satisfied that your privacy rights are protected satisfactorily. You have a right to object to any processing of your personal information based on this legal basis. 

This privacy notice only applies to the Social Care Wales website and does not cover other websites that we link to. You should read the privacy notices on the other websites you visit.

Your rights

Choosing not to give personal information

If you choose not to provide us with certain personal data you should be aware that we may not be able to offer you certain services. For example, we cannot register you if we cannot check your identity and verify your qualifications.

Accessing your data

Our Data Protection Officer (DPO) is Kate Salter, who is contactable at kate.salter@socialcare.wales

You are entitled to request a copy of the personal data we hold about you by making a Subject Access Request (SAR). If you require assistance in making a SAR, the Making a SAR Request document may help, or you can contact the DPO whose contact details are above. You will have a response from us within 30 days.

There is no charge for making a request unless you want an additional copy of the information or your requests are excessive.

You should be aware that in some cases we do not have to provide a copy of the data because an exemption applies. This could be where:

  • the data is also the personal data of another person and it would not be reasonable to disclose it to you without their consent
  • disclosing the data would prejudice our regulatory functions, for example by making it difficult for us to conduct a fair fitness to practise investigation.

Controlling how we use your data

You have some rights under the Data Protection Act 2018 to control how we use your data, by asking us to amend it, delete it or limit how we use it. To exercise these rights, you should contact the DPO Kate Salter, via kate.salter@socialcare.wales

You should be aware that there are exemptions from these rights. For example, we do not have to delete information if we are using it for our statutory functions and have legitimate grounds to continue using the data.

If you believe that information we hold about you is inaccurate or incomplete, you can ask us to review the information and correct it/add to it.

If you object to us processing your information or if you wish us to delete your information, please contact our DPO so that we can consider your request and the basis for it.

Should you wish to change your preferences about how or what we communicate with you, you can do so at any time by contacting media@socialcare.wales

You can also change your preferences within your area om SCW online www.scwonline.wales if you have an account with us.

Please note that if you do not wish us to send you communications, we would ideally wish to keep a record of this rather than delete your details completely to avoid you receiving further communications.

If you have consented to us using your image and it has been included in a publication and you wish to withdraw your consent, you should be aware that, we would be unable to destroy all copies of that document. We would, however, cease using the image in any further reproductions from the point at which you withdraw your consent.

Registration information – registered persons

We hold information about social care workers who are registered with us. We also hold information about social care workers who apply for registration, and social care workers who are no longer registered.

For registration purposes, we hold information about a registered person’s:

  • personal details
  • contact information
  • identification documents
  • qualifications/Post Registration Training and Learning (PRTL) information
  • National Insurance number
  • bank details
  • health information
  • conviction information
  • disciplinary information
  • criminal activity
  • Data and Barring Services (DBS) listing
  • equality information
  • EU alerts information.

We receive this information from the registered person, their employers, universities and training providers and other sources required to verify the identify, qualifications and criteria of registration are met.

Why we hold this information

We are required under Section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”) to keep a register of Social Care Workers including, Social Work Students. We're responsible for making sure those on the register are suitably qualified. We collect and process this information as part of Public Task and Legal Obligations. The information is used for the following purposes:

  • process applications and register workers
  • maintain our Register
  • compile statistics
  • record qualification information
  • record training, learning and development
  • investigate workers’ Fitness to Practise
  • maintain our online Register
  • update your details
  • qualification or return to practise assessment history and scores.
  • depending on how they pay their annual retention fee, we also hold bank account or credit card information. 

We're required to make some of this information available as follows:

  • to the general public on request which will be available on the public Register on our website:
      • full name
      • registration number and the part/s of the Register on which you are registered
      • the postal town where you work
      • the fact that you have been removed or suspended from the Register

How we share it

  • the outcome of your application and the reasons for our decision to your current social service employer
  • the following information to your current social service employer and to any other social service employer considering your employment, once you are registered:
    • your full work address (unless it is your home address, or we are satisfied disclosure may expose you to danger)
    • your qualifications
    • any conditions and warnings we impose on your registration
    • decisions (and reasons for them) made in relation to your registration, for example, the outcome of hearings which may include suspension and removal from the Register.

We share your information where necessary to assist other organisations to carry out their functions or where the organisation has a legitimate interest in the information. This includes: 

  • Universities, colleges, awarding bodies, bodies assessing qualifications (etc) to confirm your qualifications
  • Various bodies in order to protect the public such as:
    • your employer and any other person when needed to protect the public, such as the Police, other Social Service Employers and DBS
    • Other UK Social Care Councils, the Health Professions Council (HCPC) and the Care Inspectorate Wales.
    • Other regulatory bodies and similar organisations in the United Kingdom and in other countries
    • Social Care Wales Fitness to Practise Panels, agents acting on our behalf and expert witnesses.
    • European Alert System a system that when it’s predefined criteria (serious potential danger related to a service activity / to the conduct of a service provider) are met allows registered individuals to post and receive alerts on the details of the danger. Further information can be found here -  http://ec.europa.eu/internal_market/imi-net/using_imi/index_en.htm.

If there is a finding that your fitness to practise is impaired we will publish this information in any way that we think is appropriate – currently this is published on our website. 

You can read our Fitness to Practise Public Information Policy that explains in more detail how this is done and when we might not publish information.

Not registered or currently applying to be, but we have informed you that we are holding information about you

We hold this information as we have been informed you work in a profession that we register or intend to register and this information would form part of considerations in establishing if you are fit to practice should you apply to us to register in the future. We're responsible for making sure those on the register are suitably qualified.

We collect and process this information relying on the Public Interest legal basis or the Legitimate Interests legal basis and keep it for as long as is necessary to meet our purposes.

What we hold

  • personal details
  • contact information
  • disciplinary information
  • criminal information.

How we share it

We share this information where necessary to assist other organisations carry out their functions or where the organisation has a legitimate interest in the information. This includes:

  1. Your employer in order to be able to share the outcome of any application you may make for registration
  2. Various bodies in order to protect the public such as:
  • the Police, other Social Service Employers and DBS
  • Other UK Social Care Councils, the Health Professions Council (HCPC) and the Care Inspectorate Wales
  • Other regulatory bodies and similar organisations in the United Kingdom and in other countries
  • Social Care Wales Fitness to Practise Panels, agents acting on our behalf and expert witnesses
  • European Alert System a system that when it’s predefined criteria (serious potential danger related to a service activity / to the conduct of a service provider) are met allows registered individuals to post and receive alerts on the details of the danger. Further information can be found here -  http://ec.europa.eu/internal_market/imi-net/using_imi/index_en.htm.

We regularly review our retention of information for this category of people. We will contact you again if/and when we receive updates or any clarification that suggests we should not retain the information. 

Counter signatories and those who support registration, for example employers of registered workers and university providers

The information we hold:

  • personal details
  • employment details
  • contact information

We hold this information to:

  • permit employers to fulfil the counter signatory/endorsement role required under the Registration Rules
  • process applications
  • enable verification of documents
  • allow employers to have Social Care Wales Online ‘Employer Access’.

The information provided by you is held by us relying on the Public Interests lawful basis.

If you move jobs the organisation you work for should inform us. You can also do so and request we delete any accounts or records.

We do not share the personal information we collect in this way for this purpose, although applicants and registrants will be directed to the available endorsers for them via Social Care Wales Online.

Job applicants

The information we hold:

  • personal details
  • health information
  • criminal information
  • equality information
  • qualification information
  • CCTV footage (St Asaph Office).

We receive and process this information as part of a possible contractual obligation, or where it is in our Legitimate Interests to do so.

We use this information to:

  • recruit and employ staff
  • manage employment relationships
  • ensure security of staff and premises
  • comply with our legal obligations

The information is obtained directly from you, including the information you provide in a CV or covering letter or on our application form and at interview.

We may also obtain information from a third party such as a recruitment agent or via an on-line jobs board. We also create information ourselves during the recruitment process and obtain information about you from other sources to undertake various checks.

We may share some of this information with those involved in the recruitment and with referees and education organisations for verification purposes should you be successful.

Equality information is not mandatory information – if you don’t provide it, it will not affect your application. Any information you do provide will be used only to produce and monitor equal opportunities statistics.

Current and previous staff members have a separate Privacy Notice that is available to them as part of the organisation’s policies and procedures.

Users of services

We hold information about members of the public that use services or whose family members use services in which people registered with Social Care Wales are employed.

The information we hold which may be received as part of our fitness to practise investigations, includes:

  • personal information
  • health information
  • care arrangements
  • criminal activity.

We receive this information from various sources including employers, regulatory agencies, complainants and registered persons. We hold this information under the Public Interest lawful basis and we utilise it to:

  • investigate and make decisions about a social care worker’s fitness to practise.

We might share this information with:

  • Fitness to Practise Panels, agents acting for the Social Care Wales, expert and other witnesses and other regulatory agencies as appropriate
  • Members of the public (including representatives of the media) who are entitled to attend public Fitness to Practise hearings. Social Care Wales take all reasonable steps to ensure that the identity of individuals who use services, especially where they are vulnerable, is not made public.

Publication and event invitation recipients

Social Care Wales produce a range of materials in a variety of formats to promote good practice, developments and resources that can add to knowledge and help improve practice within the sector.

What we hold:

  • contact details
  • areas of interest.

To enable us to:

  • send out publications in interested areas
  • distribute an electronic newsletter
  • invite to attend events
  • send out surveys.

We require your consent* to retain this information. We might share this information with third parties who may process it on our behalf to help us contact you. We ensure that any third parties we use to help us comply with Data Protection Act 2018.

Should you wish to change your preferences about how or what we communicate with you, you can do so at any time by contacting media@socialcare.wales.

You can also change your preferences within your SCW online www.scwonline.wales if you have an account with us.

Please note that if you do not wish us to send you communications, we would ideally wish to keep a record of this rather than delete your details completely to avoid you receiving further communications.

*Registered persons are unable to stop all correspondence with us as we are obliged to send you correspondence in relation to registration, relevant qualifications and PRTL opportunities and we rely on the Public Interest lawful basis to do this.

Images, videos and user stories

Through our media campaigns, events and other projects we often ask consent to capture photos/videos or stories for the benefit of promoting our work, good practice and developments within the sector. If you consent to this you are able to specify how we can use your information and in what format i.e. social media, on-line on our website, press stories, in our printed literature and promotional material.

We hold:

  • personal stories
  • photos
  • videos
  • contact information from you solely for the purpose of communicating with you in relation to this matter.

We hold this information to:

  • promote our work and services
  • to assist with the training and development needs of the workforce.

We share this information with:

  • the general public via social media, our website and publications.

Your personal information and associated consent is kept by us and may be used in the formats you have agreed for up to five years. Should you wish to revoke your consent at any point during that period, you can do so by contacting media@socialcare.wales

You should be aware that where your information is shared, with your consent with a third party, such as the press on put on social media, the Privacy Notice and retention period of the relevant third party will apply and we have no control over this. 

Event attendees

We hold:

  • names
  • contact details
  • job role
  • place of employment.
  • access requirements
  • dietary requirements

We hold this information to:

  • manage our corporate events
  • assist with training and development needs of the social care workforce.

We do not share this information, but on occasion utilise third party software to send details and manage the bookings. All third party software is compliant with the Data Protection Act 2018. 

In order to enable event attendees to network effectively at our events, we may share delegate lists. Please let us know if you do not wish your details to be shared.

Board members

We hold:

  • personal details
  • contact information
  • financial information
  • work and personal background information
  • equality information.

We hold this information under the Public Interest and Contract legal bases in order to:

  • communicate with Board Members in the course of the work of the Board
  • for recruitment purposes to enable a cross section of experiences and expertise on the Board
  • Pay fees and expenses.

We obtain the information directly from Board Members or prospective Board Members, but we may also obtain it from a third party such as a recruitment agent. We also create information ourselves during the recruitment process and obtain information about from other sources to undertake various checks.

We may share some of this information with those involved in the recruitment process and with referees for verification purposes.

Any equality information is only used only to produce and monitor equal opportunities statistics.

We share names and biographies of Board members with the public on our website.

Witnesses for Fitness to Practise

The information we hold which may be received as part of our fitness to practise investigations, includes:

  • personal details
  • financial information.
  • personal information
  • health information
  • care arrangements
  • criminal activity.

We hold this information relying on the Public Interest legal basis to:

  • investigate and make decisions regarding a social care worker’s continuing fitness to practise
  • enable payment of expenses.

We might share this information with:

  • Fitness to Practise Panels, agents acting for Social Care Wales, expert and other witnesses and other regulatory authorities.
  • Members of the public (including representatives of the media) who are entitled to attend public Fitness to Practise hearings. Social Care Wales take all reasonable steps to ensure that the identity of witnesses, especially where they are vulnerable, is not made public.

Panel members

We hold information about current, former and potential fitness to practise panel members.

The information we hold:

  • personal details
  • health information
  • criminal information
  • equality information
  • financial information
  • information on time spent sitting as a panel member
  • supervision and personal development information
  • qualification information
  • CCTV footage (St Asaph Office).

We collect and process this information on the contractual and Public Interest lawful bases. We use this information to:

  • recruit and employ panel members
  • manage our relationship with panel members
  • ensure security
  • enable fees and expenses to be processed
  • monitor that our Equal Opportunities Policy is working

We obtain the information directly from Panel members  or prospective Panel Members, but we may also obtain it from a third party such as a recruitment agent. We also create information ourselves during the recruitment process and obtain information about from other sources to undertake various checks.

We may share some of this information with those involved in the recruitment process and with referees for verification purposes.

Any equality information is only used only to produce and monitor equal opportunities statistics.

We share this information with:

  • Her Majesty’s Revenue and Customs (HMRC)
  • Rhondda Cynon Taf who undertake our Payroll function 
  • third parties who provide our information systems and process this information on our behalf all of which are GDPR compliant.

People who have complained about a person who may be a social service worker

We hold:

  • personal details
  • contact details
  • Nature of complaint or concern.

We hold this information to:

  • seek further information
  • allow a decision to be made on a social care worker’s initial or continued assessment of fitness to practise for registration.

We might share this information with:

  • Fitness to Practise Panels, agents acting for Social Care Wales and expert witnesses.
  • Members of the public (including representatives of the media) who are entitled to attend public Fitness to Practise hearings. Social Care Wales take all reasonable steps to ensure that the identity of complainants, especially where they are vulnerable, is not made public.

People who make a complaint about Social Care Wales

We hold:

  • personal details
  • contact details
  • nature of complaint.

We hold this information to:

  • comply with our statutory requirement to manage complaints.

We do not share this information externally although we may publish anonymised statistics and details about complaints.

General enquiries and Contact us form

We hold:

  • name
  • contact details
  • nature of query

We hold this information to:

  • deal with enquiries
  • be open and transparent
  • manage public interest in our work.
  • try and enhance the user experience of our customers on our website.

The name and contact details are only kept while the query is live. The nature of the query is retained to enable reporting.

We share this information with:

  • third parties who provide our information systems and process this information on our behalf.

Social Care Workforce data

We conduct and commission research on a range of topics to support our regulatory functions. These relate to registration, fitness to practise, recruitment and retention. We generate statistics based on the information we hold, for example the National Social Care Data Set for Wales

We hold:

  • personal details
  • information submitted by registered persons (and those who apply to be registered) as above
  • employment information from the wider social service workforce.

We hold this information to:

  • carry out our statutory workforce intelligence function. We share this statistical information with the public on our website and in our profile reports however it is published anonymously.

Information governance enquiries

We hold:

  • personal information
  • contact details.

We hold this information to:

  • comply with statutory requirements
  • process requests for information
  • compile statistics.
  • consider if our publication scheme is sufficient

The name and contact details are only kept while the query is live. The nature of the query is retained to enable reporting.

We might share this information with:

  • the Information Commissioner’s Office
  • the public when we publish Freedom of Information requests and responses on our website, although such information is publish anonymously.

Visitors to our website and use of cookies

The information we hold:

We hold the information to:

  • collect standard internet log information
  • compile statistics.

We share this information with:

  • third parties who provide our information systems and process this information on our behalf.

Further information

Social Care Wales has one main website in addition to a number of specific purpose sites. When someone visits our sites we collect standard internet log information such as the page they asked for, internet protocol address, browser type, browser language, the date and time of the request. We do this to find out things such as the number of visitors to the various parts of the site. We collect this information in a way that does not identify anyone. We do not attempt to find out the identities of those visiting our website. We will not associate any data gathered with any personally identifying information from any source. If we do want to collect personally identifiable information through our website, we will be up front about this. We will make it clear when we collect personal information and will explain what we intend to do with it. 

Use of cookies by the Social Care Wales 

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work more efficiently, as well as to provide analytical information to the owners of the site. The cookies currently used by the us are listed at the end of this notice. 

YouTube 

We embed videos from our official YouTube channel using YouTube's privacy-enhanced mode. This mode may set cookies on your computer once you click on the YouTube video player, but YouTube will not store personally-identifiable cookie information for playbacks of embedded videos using the privacy-enhanced mode.

Doorbell

This is a pop-up tool that enables users of the website to contact us on request and leave feedback in relation to the user experience and any functionality related issues they may be experiencing. This tool is optional and will not track user activity unless instructed by the user. 

All information gathered by Doorbell is GDPR compliant https://doorbell.io/gdpr

Search engine 

The search engine on our website is provided by Craft CMS. When searching our website, a record of your search term is logged, and this information is used to help improve our website. 

Contact us

If you have a question you can Contact us.

Last updated: 01 November 2018