Privacy Notice - Test and Trace Support scheme

Please read the following Privacy Notice carefully.

Why we are collecting your data

On 28th September 2020, the Government passed into law a national Test and Trace Support scheme. From 12th October, a one-off payment of £500 or access to a discretionary fund will be available for eligible individuals. More information about this scheme can be found here.

If you apply, we will need to process your personal data to assess whether you are eligible to receive financial support, and if so, to provide a payment to you.

This Privacy Notice sets out what personal data we will use, how we will use it, and why we need to, when an applicant applies for this support.

Data Controller

The Department of Health and Social Care (DHSC) has commissioned NHS Test and Trace on behalf of the government and is the data controller for the purposes of providing Test and Trace data to Basildon Council

Basildon Council is the data controller for the purposes of assessing eligibility, administering and making payments under the Test and Trace Support scheme.

New package to support self-isolation

If you have been told by the NHS to self-isolate, either because you have tested positive for COVID-19 or you have been in contact with someone who has tested positive, you may be entitled to some financial support during your self-isolation period.

Self-Isolation Payments

People who are eligible will receive a £500 one-off Test and Trace Support payment or provision from the discretionary fund to remain at home to help stop the spread of the virus.

Information collected

We collect and process the personal data that you provide to us when completing your application for a self-isolation support payment, which may include:

• Full name;
• Full residential address;
• Email address;
• Mobile telephone number;
• Home telephone number;
• Proxy applicant details (as above where you may nominate someone else to complete this application on your behalf);
• Employer name and address;
• NHS notification number (the unique reference you will be given by NHS Test and Trace Service to self-isolate);
• Bank account details;
• Your National Insurance Number;
• Proof of self-employment e.g. recent business bank statement (within the last two months), most recent set of accounts or evidence of self-assessment

Source and categories of personal data

We will obtain data from the NHS Test and Trace Service to confirm that you have either tested positive for COVID-19 or you have been in close contact with someone who has tested positive for COVID-19.  As this data is related to your health it is referred to as 'special category data'.

You or your nominated representative will also provide us with additional personal data in relation to your application for a Self-Isolation Payment.

What we use your personal data for

We will carry out checks with the NHS Test and Trace Service and the Department for Work and Pensions (DWP), for verification purposes, Her Majesty's Revenue and Customs (HMRC), for tax and National Insurance purposes, and potentially with your employer in validating your application. 

Information relating to your application will also be sent to the DHSC to help understand public health implications, allow us to carry out anti-fraud checks and determine how well the scheme is performing.

We will not share this data with other organisations or individuals outside of Basildon Borough Council for any other purpose.

We will provide information to HMRC in relation to any payments we make because Self-Isolation Payments are subject to tax and National Insurance contributions. If you are self-employed, you will need to declare the payment on your self-assessment tax return.

The lawful basis for processing the personal data

We must have a legal basis to process your personal data. Our lawful basis in the processing that we'll undertake in assessing your eligibility for, and in making any self-isolation payment to you, is based on a legal obligation.

Where we use personal information to confirm that someone is eligible for a self-isolation payment, the sections of the law that apply are:

GDPR Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

GDPR Article 9(2)(i) - processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare;

Data Protection Act 2018 Schedule 1 Part 1 (2) - health or social care purposes

Separately, we have special permission from the Secretary of State for Health and Social Care to use confidential patient information without people's consent for the purposes of diagnosing, recognising trends, controlling and preventing, and monitoring and managing communicable diseases and other risks to public health.

This is known as a 'section 251' approval and includes, for example, using your test results if you test positive for COVID-19 to start the contact-tracing process.

The part of the law that applies here is section 251 of the National Health Service Act 2006 and Regulation 3 of the associated Health Service (Control of Patient Information) Regulations 2002. For further information see:

• NHS Test and Trace - Privacy Information

Who your information will be shared with

These are the recipients with which your personal data is shared:

• Her Majesty's Revenue and Customs (HMRC) for tax and National insurance purposes;
• Your employer for verification checks purposes;
• Department for Work and Pensions
• The Office for National Statistics (ONS)
• Cabinet Office (National Fraud Initiative),
• HM Courts and Tribunals Service
• Mag:Net Solutions Limited
• Equifax Ltd
• TransUnion - To validate your bank account details, we need to share relevant information you've given us with TransUnion. This will be used to ensure your support payment is paid to the correct bank account and to help prevent fraudulent use of support payments. This is not a credit check and won't impact your credit rating. For more information visit: TransUnion Privacy Centre

We will never sell your data, however it will be shared with third parties to:

• comply with legal obligations and legislative requirements
• to help prevent fraud and/or tackle crime
• to advise agencies where there are safeguarding concerns.

International Data Transfers and Storage

We do not store Data outside of the EEA. 

How long will we hold your data for?

We will only keep your personal data for as long as it is needed for the purposes of the COVID-19 emergency, and for audit and payment purposes.

Cookies

Cookies are small text files that are placed on your browser. For further information see:

• Cookie Policy

Your rights

You have the right to access the personal information we hold about you.  Any access requests are free of charge.

If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data.

You have the right to ask us to erase your personal data in certain circumstances ('right to be forgotten').

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances.  Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

• Email: Data Protection Officer
• Phone: 01268 533333
• Letter to:

The Data Protection Officer
Basildon Borough Council
Basildon Centre,
St. Martin's Square,
Basildon
SS14 1DL.

If you are dissatisfied with how we have used your personal information, you can complain to the Information Commissioner's Office, by:

• Email: casework@ico.org.uk
• Phone: 0303 123 1113 (local rate) or 01625 545 745
• Letter to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Further independent advice about data protection, privacy and data sharing issues is available from the Information Commissioner's Office, see:

• Information Commissioner's Office (ICO).