Your data: unpaid work and other activity requirement

How we use your information

If you are required to complete unpaid work as part of a Community Payback Order, we will receive a copy of the Order imposed from the Clerk of the Court before we start working with you. You will be allocated a social worker or an order supervisor who will open a case file for you in our Case Management System (CareFirst) and keep records about you in your case file as you progress through your Order. These will include our initial assessment, risk assessment, progress and completion of unpaid work. If we already have a case file for you then we will add these records to your existing case file.

If you are placed with another organisation to complete your unpaid work requirement (for example, in a charity shop), we will share limited, relevant information about you with your placement provider. This will only be information which is necessary to arrange and manage your placement.

We consider your information to be confidential, though you should be aware that there are some other limited circumstances where information from your case file may be shared with others, particularly to prevent risk of harm to others.

We may also be required to provide information from our case files to Scottish Ministers as part of the Protection of Vulnerable Groups Scheme. This is something we are required to do under Section 19 of the Protection of Vulnerable Groups (Scotland) Act 2007.

We receive information from partners which is added to our records. In some cases, information will be added to our records using automated processing, to speed up the time it takes to deal with simple processes. Decisions about you are not made using automated decision-making.

How long we keep your information for

Unless you have any other interactions with the Council’s Social Work Service, once you have completed your unpaid work requirement as part of your Community Payback Order, we will close your case file. We keep closed case files for the current year, plus five years, from the point at which your case is closed.

Your rights

You have rights to your data, including the right to ask for a copy of it. See more information about all of the rights you have. You also have the right to make a complaint to the Information Commissioner’s Office. That is the body responsible for making sure organisations like the Council handle your data lawfully.

Our legal basis

Aberdeen City Council is the Data Controller for your information. Wherever the Council processes personal data, we need to make sure we have a legal basis for doing so in data protection law. The Council understands our legal basis for processing personal data in relation to Community Payback Orders as Article 6(1)(c) and Article 6(1)(e) of the General Data Protection Regulation. This is because providing criminal justice social work services is part of our public task, under the Social Work (Scotland) Act 1968, and because the Council is required to undertake supervision of Community Payback Orders by the Criminal Justice and Licensing (Scotland) Act 2010. In carrying out this function, the council is also likely to process special categories of personal data. The Council understands our legal basis for doing so as Article 9(2)(h) of the General Data Protection Regulation, because processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services.  Where the Council processes personal data relating to criminal convictions and offences, the Council understands our legal basis for doing so as Article 10 of the General Data Protection Regulation.

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