Introduction to TLC: Talk, Listen, Change
TLC: Talk, Listen, Change is a relationships charity working across Greater Manchester to deliver a range of services which help support safe, healthy, happy relationships. TLC aims to support and help people to have better relationships with; yourself, with your partner, previous partner, relationships between families, friends, school, an employer or within your own community.
At TLC: Talk, Listen, Change we are committed to protecting and respecting your privacy in line with the EU General Data Protection Regulation 2018 & the Data Protection Act 2018. This privacy notice explains when and why we collect your personal information, how we use it, how we keep it secure, the conditions under which we may disclose it to others.
In this instance TLC: Talk, Listen Change is a data controller, and we will record and store personal information about you. Although TLC: Talk, Listen, Change will hold your information within our records and ensure it is used responsibly and kept safe you are the owner of the information within the record. You have the right:
- to be informed
- to ask us for access to copies of the personal information we hold about you
- to ask us to change your personal information if it is wrong or incomplete
- to ask us to stop processing your personal information (this is known as the ‘right to object’)
- to ask us to erase personal information we hold about you (this is also known as the ‘right to be forgotten)
- to ask us to ‘restrict’ the processing of your personal information (pending outcome of an erasure request)
Some of your rights may be affected based upon whether you are self-funded or funded by a contract with a third-party organisation. These funders may have requirements for us to share information in order for you to access these projects. We are also often contractually obliged to provide high level statistical data to these funders so they can manage the performance of the contract. These exemptions are listed below in the service specific information section.
What is personal information?
Personal information can be anything that identifies and relates to a living person. This can include information that when linked with other information, allows a person to be uniquely identified. For example, this could be your name and contact details.
The law treats some types of personal information as ‘special’ because the information needs more protection because of its sensitivity.
This information is made up of:
- racial or ethnic origin
- sexuality and sexual life
- religious or philosophical beliefs
- trade union membership
- political opinions
- genetic and bio-metric data
- physical or mental health
- criminal convictions and offences
Personal data we collect:
- We receive our personal and special information directly from you to be able to deliver the services you have requested
- If you have been referred by another agency, they will have provided your data to make an initial contact
How we use personal data:
- To provide our services as well as providing support. It also includes sharing data, when it is required to provide the service or carry out the transactions that only you request.
- Improve and develop our services
- Ensure we are compliant with relevant UK laws (Data Protection Act 2018, the General Data Protection Regulation (GDPR), the Human Rights Act and the Crime and Disorder Act. The Mental Capacity Act)
- We use your data to operate our charity analysing our performance, meeting our legal obligations, developing our workforce.
Legal Basis for Processing Data:
We process personal information as the law requires us to. We will collect personal information where:
- you, your legal representative, or parent/guardian, have given consent
- you have entered into a contract with us
- it is required by law (such as where this is mandated by statute or under a court order)
- it is necessary for employment related purposes
- it is necessary to protect you or others from harm
- you have made your information publicly available
- it is necessary for archiving, research, or statistical purposes
- it is necessary for fraud prevention
- it is in our legitimate interests (or those of a third party) provided your interests and fundamental rights do not override those interests
Consent and Sharing Information
We require your consent to share any information we hold about you. We will not share any of your details with other agencies without your explicit consent and will only share the information you deem relevant for the referral you ask us to do. If you are having your counselling funded under a contract supplied to you by a third-party then we may be contractually obliged to shared additional information about you to receive this funding. We will never share any clinical notes or specifics of your counselling with funders. You can choose not to use a third-party funder and self-fund at any time. None of your data is shared outside of the European Economic Area.
Sharing your information - exceptional circumstances
We may share your personal data if there is a risk to you or another person, including a child at risk of harm as we have a legal duty to do so. Any decision to share your personal information would be made carefully, and where possible with your consent. Before you pass on information, you must think about what you tell us, and understand that we may have to pass it on, in the following circumstances:
- If what you have told us puts you or someone at risk – for example you may harm someone or yourself, or they may harm you.
- If what you have told us is illegal – we may be required by law or have a duty to pass on information about criminal activity.
- If it involves any risk of significant harm to a child, then we will pass on information necessary to protect the child.
How long we keep your information
Your data will be stored on our secure case management system for the duration you are working with the TLC: Talk Listen Change. This case management system is accredited and holds ISO27001:2013 security certification and Cyber Essentials Plus accreditation. Your data will be retained for a period of seven years from the date of your case closing.
How we keep your information safe
We are committed to making sure your personal information is safe including from accidental loss or alteration, inappropriate access, misuse or theft.
We will ensure that:
- Your data is always kept safe and secure
- Handle your information responsibly and respect your confidentially
- Only collect and process data where it is necessary for us to do so
- Securely delete / destroy data when it is no longer required
- Be open with you about how we use your data and who we may share it with
- Respect your privacy rights
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Service Specific Privacy Information
When using our Mediation Service
TLC: Talk, Listen, Change provides mediation services through Legal Aid. If you are accessing Legal Aid or are applying for it, then it is important you are aware that your case may be audited by the Legal Aid Society. As part of this audit your case notes and record may be reviewed to ensure we have provided the expected quality of service to you. We collect your explicit consent to enable your case to be audited.
When using our Domestic Abuse services
Our domestic abuse services are funded via the home office and represent a partnership with Greater Manchester Combined Authority (GMCA). Under this partnership we provide GMCA data for their evaluation of these services to measure their impact and secure future funding. This process does involve data matching. You have the right to opt out of this evaluation at any point. If you wish to opt out, then please contact your case worker and they will be able to facilitate this.
TLC: Talk, Listen, Change is a Respect accredited service this means we are audited by Respect to make sure our standards and practices meet the Respect standards. This means that Respect may audit cases to examine and ensure the practitioner has provided you the most effective service they could. They do this by examining audio recording of sessions (where you have provided your explicit consent) and examine case note materials to give them insight into how your practitioner conducted themselves while working with you. This is all carried out through an onsite visit from a Respect auditor and we do not allow unmonitored access to your records and no records are shared with or copied by Respect.
When using our Counselling Services
TLC: Talk, Listen, Change is accredited by the British Association for Counselling and Psychotherapy (BACP) service this means we are audited by the BACP to make sure our standards and practices meet their standards. This accreditation is focused upon our processes, policies and procedures we do not share or grant access to any of your information as part of this audit. We only provide statistical information to the BACP during this process which cannot be traced back to any individual client.
When using our STRIVE service:
If you are contacted or contact our STRIVE Service we use the Public Interest Legal Basis to process your data as you would have recently had a police call out that requires us by law to offer to provide you support.
Provision of victims’ services and the subsequent processing of data is set out in the Domestic Violence, Crime and Victims Act 2004 section 32 and section 54 supported by the provisions in the Code of Practice for Victims of Crime. This Code was issued by the Secretary of State for Justice under section 32 of the Domestic Violence, Crime and Victims Act 2004. It implements relevant provisions of the EU Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime; Directive 2011/92/EU combating the sexual abuse and sexual exploitation of children; and Directive 2011/36/EU preventing and combating the trafficking of human beings. The Code was updated to make sure it was compliant with Directive 2012/29/EU which established minimum standards on the rights, support and protection of victims of crime. The Directive included specific requirements on the provision of safeguards for victims in relation to restorative justice.
The Victims’ Code requires the police to refer victims to appropriate support services unless asked not to do so by the victim, but victims can also access these services directly. Victims are entitled to these services whether they have reported a crime or not, and at any time, including after the conclusion of the investigation and prosecution. There are a number of crime types and Domestic Violence is one in which victims have enhanced rights under the code and under the code such victims must give explicit consent for the referral to be made. All STRIVE cases are considered as such cases.
Domestic Violence, Crime and Victims Act 2004 Section 54 -Disclosure of information enables information to be disclosed to those bound by the code issued under section 32, local probation boards, the Commissioner and authorities within his remit for the purposes of: compliance with the code; compliance with the duties under sections 35 to 44; and the carrying out of the Commissioner’s functions. However, the persons to whom information is disclosed must exercise functions of a public nature and the purpose must be connected with the assistance of victims, witnesses and others affected by offences and anti-social behaviour TLC are commissioned to provide victims service to standard risk victims of DV as laid down in the Victims Code of Practice on behalf of the GM PCC and GMP.