Privacy Notice - DAAS

Who we are

We are a local authority established under the Local Government etc. (Scotland) Act 1994 and have our headquarters at Scottish Borders Council, Newtown St Boswells, TD6 0SA. 

You can contact us by:

  • phone: 0300 100 1800
  • email: CustomerAdvice@scotborders.gov.uk

Our Data Protection Officer can be contacted using the details above or by emailing dataprotection@scotborders.gov.uk

How we will use your information

We will use your information in order to protect victims of domestic abuse, reduce risk and to safeguard children and vulnerable adults. This privacy notice sets out what we will do with your personal information and who we may share it with in respect of the above.

What information we might collect about you

We collect and use the following information:A

  • Personal data such as name, address, date of birth and contact details;
  • Special category data such as information relating to your physical and mental health, your race and ethnicity, your sexual orientation, your religious or philosophical beliefs;
  • Details of any crimes that have been committed; and
  • Information about your family such as children, housing situation and details of any agencies you are working with.

How we collect information about you

Relevant information will be collected:

  • directly from you (e.g. from asking you to complete a referral form, or speaking to you either on the phone or face to face); and
  • from other agencies including Police Scotland, NHS, Scottish Courts, safeguarding agencies and other Local Authorities.

How your information will be used

Your information will be used in the following ways:

  • to provide information, advice and support in relation to domestic and sexual abuse;
  • to refer you to appropriate service for support;
  • to safeguard you, your children and other vulnerable adults;
  • to prevent and detect crimes; and
  • to learn lessons relating to domestic abuse incidents.
  • anonymised information from case files may be used to evaluate the service, to provide information to relevant research projects or to evidence the impact of the DAAS Service
  • anonymised information from case files will be used during the Leading Lights Accreditation process/re-accreditation process and all personal and sensitive information will be removed: there will be no potential for you to be identified.

The lawful basis for using your information

The Council collects, uses and shares certain data about you on the basis that you have given us your consent to do so. You may withdraw your consent and ask us not to process your data for referrals to other services and partners. To do this, please contact the Domestic Abuse Advocacy Service by phoning 01835 825024 or emailing DAAS@scotborders.gov.uk or the Council's Data Protection Officer (see section on Data Protection Officer below).

Under Article 6 1 (a) referrals to the Council and MARAC referrals, minutes and action plans are processed when you will have provided consent to use your information for one or more specified purpose.

Article 6 1 (d) Vital interests

  • In certain circumstances there might be a need to use your information in order to protect the vital interests or you or another person.

Article 6 1 (e) Public task

  • Without using the relevant information, we would not be able to perform tasks carried out in the public interest, or in the exercise of official authority.

Under 6 1 (e) MARAC referrals, minutes and actions plans, relevant case notes, self-referrals are processed when it is necessary to do so for compliance with a legal obligation to which we are subject.

Special Category data will be processed under Article 9 2 (a), Article 9 2 (c) and Article 9 2 (g) of the UK General Data Protection Regulation 2018. Article 9 2(a) relates to you giving explicit consent to the processing of special category data for one or more specific purposes. Article 9 2 (c) relates to the protection of vital interests of you or another person. Article 9 2(g) refers to special category data being used where necessary for reasons of substantial public interest, on the basis of domestic law.

Who we may share your information with

Your information will be accessed by Council staff who need to use it in order to provide the service described above. It may also be shared with other Council departments such as Social Work, Child Protection, Adult Protection, Housing and Education.

MARAC includes Police Scotland, the Scottish Borders Council, NHS Borders, Fire Scotland, housing providers, specialist support services and other specialists from statutory and voluntary sector organisations in the Scottish Borders. This means your information could be shared with some or all organisations.

Your information might also be shared with Home Office, Court Service/Crown Prosecution Service.

In general the Council does not transfer personal data outside either the UK or the European Economic Area (EEA) and on the rare occasions when it does so the Council will inform you.  The Council will only transfer data outside the UK and the EEA when it is satisfied that the party which will handle the data and the country it is processing it in will provide adequate safeguards for personal privacy. 

How long will your information be retained for

The Council will retain your information for 5 years.

Your rights

You have the right to request access to any information held about you by the Council. Information might be subject to an exemption. You can also request that we restrict the use of your information or even object to any further processing.  You can do this by contacting the Data Protection Officer using the contact details provided above. We will respond to your request within 30 calendar days.

For more information on your rights please visit our website http://www.scotborders.gov.uk/DPYourRights or if you would like a hard copy of this information, please contact us using the contact details provided above.

How to raise a complaint

We aim to directly resolve all complaints about how we handle personal information. If your complaint is about how we have handled your personal information, you can contact our Data Protection Officer by:

  • email: dataprotection@scotborders.gov.uk
  • phone: 0300 100 1800

However, you also have the right to lodge a complaint about data protection matters with the Information Commissioner's Office (ICO), who can be contacted:

  • by post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
  • by phone: 0303 123 1113  
  • online 

If your complaint is not about a data protection matter you can find out how to make a complaint.