Privacy notice: Magic Notes Pilot (Adult Social Care)

1. Introduction

This privacy notice explains what personal data (information) Adult Social Care and Commissioning hold about you, how we collect, how we use and may share information about you when recorded using the Magic Notes tool. We are required to give you this information under data protection law.

This Notice was last reviewed in October 2024.

2. Who is collecting and using your personal data?

We are responsible for collecting and using your personal data when it is recorded using Magic Notes within Adult Social Care and Commissioning. We act as the 'Data Controller,' ensuring that your data is processed in compliance with the Data Protection Act 2018 (DPA 18) and the UK General Data Protection Regulation (UK GDPR).

For the purposes of Data Protection legislation, South Tyneside Council is the Data Controller.

3. What type of personal information do we collect?

We may collect the following types of personal information:

Name
Address
Telephone number
Email address
National Insurance number
NHS Number
Date of Birth
Sex
Ethnicity
Religion
Health conditions - physical, mental health or learning disability
Employment
Contact details about family members

The information we collect about you would include, but is not limited to:

Name
Date of birth
NHS number
Address
Ethnicity
Next of kin
Contact details (phone / mobile / email)
Physical or mental health condition

We may ask you further details where required and appropriate:

Religious or other similar beliefs
National Insurance number
Language
Gender
Accommodation status
Nationality
Sexual orientation
Marital status
Financial information

4. How do we collect personal information?

Magic Notes processes your personal data by recording, transcribing, and summarising meetings through the following steps:

User (the trained staff member, such as a social worker) starts the recording
The meeting is recorded and the audio file is saved
User ends the recording
Magic Notes Creates a transcription of the audio file
Azure's OpenAI model creates a summary of the transcript
The user is sent a notification telling them that their meeting summary is ready, and can be viewed in the secure webapp
The user copies the summary into the case management system and makes any edits required.

We comply with our obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

5. Why do we collect your personal information?

The local authority has a legal obligation and statutory duty to provide social care to adults in certain circumstances including the provision of information and advice. To do this we may need to collect information which may be considered very sensitive. To enable us to provide you with appropriate advice, guidance and support in relation to receive Adult Social Care services.

6. Who might we share your personal information with?

We will not share your personal information with any other third parties unless you have specifically asked us, or we have a legal obligation to do so.

Adult Social Care and Commissioning may need to share your information with the following recipients to ensure you receive the appropriate and / or required support:

private and independent providers to deliver care, under the Care Act (2014)
internal sections such as financial assessments, housing, legal department etc.
health care agencies, general practitioners, acute health services, specialist health professionals as appropriate etc) to ensure full range of health and social care services are accessed, and vulnerable person's needs are met and the person is protected under the Care Act (2014), Mental Health Act (1983), and Mental Capacity Act (2005)
carers to support with delivering care, under the Care Act (2014)
police to protect adults under the Care Act (2014), Mental Health Act (1983), and Mental Capacity Act (2005)
local government Ombudsman to investigate complaints
court of protection for court proceedings
department of transport, for statistical monitoring of blue badges
magistrates for issuing of warrants under the Mental Health Act (1983)
others in the local authority, to monitor spending, to help with training care staff, help with research and planning, and to help to investigate any worries or complaints you may have about your care
statutory agencies such as the Care Quality Commission, police, ambulance services etc.

We will share information to provide health and social care professionals directly involved in your care access to the most up-to-date information about you. It will do this by sharing appropriate information between health and social care services at the time of patient contact. Access to information is strictly controlled, based on the role of the professional.

7. How long will we keep your personal information?

Personal data within Magic Notes will be retained up to February 2025 before it is destroyed.

Any personal data captured by Magic Notes will be transferred into our case management system and will have the same retention policies as explained in the main Adult Social Care and Commissioning Privacy Notice.

8. What is our legal basis for using your personal information?

To use your personal information there must be a lawful basis to do this, such as, through a contract, performing a public task or where there is a legal obligation.

To ensure that we meet all of our legal and statutory duties including, but not limited to, those which apply under the following legislation and/or contractual agreements:

Care Act 2014
Health and Social Care Act 2008
Care Quality Registration Regulations 2009
Children's Act 2004
Mental Capacity Act 2005
Housing Act 2004
The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009
Support plan
Other contracts and agreements setting out the terms and conditions of services provided to you by the Adult Social Care department.
Freedom of Information Act 2000 (FoIA)
Environmental Information Regulations 2004 (EIR)
General Data Protection Regulations 2018

When using Magic Notes, you will be told at the outset of a call if it is being recorded using Magic Notes. If you object to the use of Magic Notes at the start of a call then it will not be used.

9. How do we keep your personal information secure?

The council's IT security and confidentiality policies ensure that your information is protected, and available only to staff directly involved in your care.

10. Is your personal information used overseas?

We will not process your personal information outside of the European Economic Area (EEA).

11. What are your rights?

Your individual rights are set out in law. Subject to some legal exemptions, you have the following rights:

Right to be informed
Right of access
Right to rectification
Right to erasure
Right to restrict processing
Right to data portability
Right to object
Rights in relating to automated decision making and profiling

12. Contact us

If you would like to exercise your rights in relation to your personal information, or you feel that something has gone wrong with your personal information, you can contact us in either of the following ways: By email: data.protection@southtyneside.gov.uk

By telephone: 0191 424 6539

In writing: South Tyneside Council Information Governance, Town Hall and Civic Offices, South Shields, NE33 2RL

If you feel that the Council has not handled your information correctly you can contact the Information Commissioner's Office (ICO). The ICO is the Government's Independent Body responsible for overseeing data protection. In most cases the ICO will only review cases that have exhausted the Council's internal procedures.

The ICO's contact details are as follows: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF. More information can be found on the ICO's website at www.ico.org.uk.