Your response, and all other responses to this consultation, may also be disclosed on request in accordance with the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR); however all disclosures will be in line with the requirements of the Data Protection Act 2018 (DPA) and the UK General Data Protection Regulation (UK GDPR).
If you want the information that you provide to be treated as confidential it would be helpful if you could explain to us why you regard the information you have provided as confidential, so that this may be considered if the Department should receive a request for the information under the FOIA or EIR.
For further information on how we will process data and your rights, see the Advance Care Planning Policy Consultation Privacy Notice below.
Advance Care Planning Policy Privacy Notice
Data Controller Name: Department of Health (DoH)
Data Protection Officer Name: Charlene McQuillan
Being transparent and providing accessible information to individuals about how we may use personal data is a key element of the Data Protection Act (DPA) and the UK General Data Protection Regulation (UK GDPR). The Department of Health (DoH) is committed to building trust and confidence in our ability to process your personal information and protect your privacy.
Purpose for processing
The Department of Health has developed an Advance Care Planning Policy for adults (aged 18 year and over) in Northern Ireland which is published for public consultation. We are encouraging organisations and institutions to respond but also interested members of the public, service users and carers. We will process personal data provided in response to consultations for the purpose of informing the policy. We will publish a summary of the consultation responses and, in some cases, the responses themselves but these will not contain any personal data. We will not publish the names or contact details of respondents, but will include the names of organisations responding.
Lawful basis for processing
The lawful basis we are relying on to process your personal data is Article 6(1) (e) of the UK GDPR, which allows us to process personal data when this is necessary for the performance of our public tasks in our capacity as a Government Department.
We will only process any special category personal data you provide, which reveals racial or ethnic origin, political opinions, religious belief, health or sexual life/orientation when it is necessary for reasons of substantial public interest under Article 9(2)(g) of the UK GDPR, in the exercise of the function of the Department, and to monitor equality.
How will your information be used and shared?
We will process the information for the above stated purpose. The information will be shared with the Advance Care Planning Programme Team comprised of representatives from the Department of Health, the Health and Social Care Board, the Public Health Agency and Patient and Client Council to enable consultation responses to inform the policy development. Where information is provided by a consultation respondent in an alternative format, we will share this information with an approved translation service in line with information governance requirements. Where a consultation respondent uses the consultation support service to enable their response to the consultation to be made, by doing so the respondent is agreeing to sharing their information with that service for that purpose. We don't intend to share your personal data with any other third party. Any specific requests from a third party for us to share your personal data with them will be dealt with in accordance the provisions of the data protection laws.
How long will we keep your information?
We will retain consultation response information until our work on the subject matter of the consultation is complete, and in line with the Department’s approved Retention and Disposal Schedule Good Management, Good Records (GMGR).
What are your rights?
- you have the right to obtain confirmation that your data is being processed, and access to your personal data
- you are entitled to have personal data rectified if it is inaccurate or incomplete
- you have a right to have personal data erased and to prevent processing, in specific circumstances
- you have the right to ‘block’ or suppress processing of personal data, in specific circumstances
- you have the right to data portability, in specific circumstances
- you have the right to object to the processing, in specific circumstances
- you have rights in relation to automated decision making and profiling.
How to complain if you are not happy with how we process your personal information
If you wish to request access, object or raise a complaint about how we have handled your data, you can contact our Data Protection Officer using the details above.
If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law, you can complain to the Information Commissioner at:
Information Commissioner’s Office
Cheshire SK9 5AF