Adoption services: Privacy/Information Notice
The privacy notice details the manner in which the Council may process personal data that we obtain about you or other individuals known to the service.
What types of personal data are collected by the service?
- Name, Address, Date of Birth of parents, prospective adopter, adopters, carers, child, etc.
- Birth certificate and birth details (time, weight, type of delivery etc.)
- Description and details (including family tree) of the birth family and household set out in a Child and Family Assessment or other relevant document
- Adoption status and records
- Court reports and documents, copies of Care Orders, etc.
- Child social care records
- Medical information
- NHS Number
- Family Network
- Support Network
- Previous relationships
- Relationship history
- Financial information
- Criminal history (if applicable)
- Information from the Local Authority from where you live and previously lived
- Education (yours and your child’s).
Which organisations may we share this information with or obtain personal data from?
- Nottinghamshire Adoption Agency and relevant social care employees
- Adoption Medical Adviser (commissioned from NHS Trust)
- Local Authorities and Local Education Authorities
- Adoption agencies (including Voluntary Adoption Agencies)
- Adoption panels and their members
- Department for Education
- Health Agencies and GPs
- Any person undertaking a Statutory Inquiry under section 81 of the Children Act 1989
- CAFCASS Officers
- The Court and officers of the Court
- Any person appointed to deal with a complaint or representation in respect of which access to the Adoption Case Record is required in order to carry out the responsibilities of his or her appointment
- An Independent Review Panel convened to consider a Qualifying Determination of an adoption agency, e.g. where an adoptive applicant has exercised his or her right to challenge a decision of the adoption agency as to their suitability to adopt or where a decision has been made in relation to the disclosure of protected information
- Any person undertaking a Serious Case Review in relation to a child
- The Secretary of State or persons authorised on his/her behalf, an Ombudsman or regulatory authority.
What are the purposes for which we intend to use this information (with reference to the relevant lawful basis under Articles 6 and 9 of the General Data Protection Regulation)?
- Service delivery and service improvement (task carried out in the public interest (Article 6 (e))
- Provision of social care (Article 9 (h))
- Compliance with the law relating to adoption (for compliance with a legal obligation (Article 6 (c)) and, where appropriate, in the substantial public interest (Article 9(g))
- Prevention/Detection of Crime/Fraud (for reasons of substantial public interest (Article 9 (g)))
- Research (for research purposes or statistical purposes (Article 9(j)))
What are the legal powers under which we may use this information?
- Adoption and Children Act 2002
- Adoption and Children Act Register Regulations 2014
- Adoption and Children Act Register (Search and Inspection) Regulations 2017
- Adoption Agencies Regulations 2005
- Adoption (Recognition of Overseas Adoptions) Order 2013
- Adoption Support Services Regulations 2005
- Childcare Act 2006
- Children Act 1989
- Children Act 2004
- Children and Families Act 2014
- Children and Young Persons Act 2008
- Disclosure of Adoption Information (Post-Commencement Adoptions) Regulations 2005
- Education and Adoption Act 2016
- Independent Review of Determinations (Adoption and Fostering) Regulations 2009
- Local Authority Adoption Service (England) Regulations 2003
- Safeguarding Vulnerable Groups Act 2006
- Special Guardianship Regulations 2005
- Suitability of Adopters Regulations 2005.
May personal data be transferred overseas?
- Yes- in the case of intercountry adoptions or children in the care of Nottinghamshire being placed overseas. The transfer of information will be undertaken where necessary in the interests of the child.
- The Council may for operational purposes transfer personal data overseas including to countries that are not approved by the European Commission (EC) as providing adequate protection of individuals' data protection rights. In these cases, we will use standard data protection clauses in contracts or ensure that the data recipient has binding corporate rules in place, has signed up to an approved code of conduct or a certification scheme that provides safeguards for the protection of your rights. Please refer to the County Council's privacy statement for further details.
How long is personal data held?
- In cases where an Adoption Order is made, children’s Adoption Case Records will be retained for a minimum of 100 years after the Adoption Order is made
- Where an Adoption Order is not made, the prospective adopter's Adoption Case Record should be retained for between 3-10 years depending whether there are concerns logged
- This information is held in accordance with the Council’s retention schedule. Please refer to the County Council's privacy statement for further details.
Does the service make decisions using fully automated processes?
What rights do you have over use of your data?
You have a number of rights over the use of personal data. This includes the right to access a copy of your personal data, and in certain circumstances, the right to ask for your personal data to be rectified or erased, or the right to restrict or object to use of your personal data. Some of these rights are subject to exceptions and we may not be able to agree to your request where these exceptions apply. Please refer to the County Council’s privacy statement for further details.
Contact details of Data Protection Officer and where to obtain further information
For further information:
You may write to:
Data Protection Officer
Nottinghamshire County Council
Or email: DPO@nottscc.gov.uk
Last updated: April 2018