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Guardianship under the Mental Health Act 1983

Summary

Why and how we process your data in the to establish the number of new, continuing and closed cases of Guardianship in England under Sections 7 and 37 of the Mental Health Act 1983.

Controller NHS Digital
How we use the information (processing activities) To monitor Guardianship activity with reference specifically to Section 7 and 37 of the Mental Health Act 1983 for Local Authorities within England. The resulting publication report contains the latest statistics about all new, continuing and closed cases of Guardianship in England under Sections 7 and 37 of the Mental Health Act 1983.
Does this contain sensitive (special category) data such as health information? No
Who are recipients of this data?

No

Is data transferred outside the UK? Outside EAA
How long the data is kept Personal data is stored in line with NHS Digital's corporate retention categories. For Guardianship, data will be retained for 8 years.
Our lawful basis for holding this data Legal obligation
Your rights
  • Tick Be informed
  • Tick Get access to it
  • Tick Rectify or change it
  • Cross Erase or remove it
  • Tick Restrict or stop processing it
  • Cross Move, copy or transfer it
  • Cross Object to it being processed or used
  • Cross Know if a decision was made by a computer rather than a person
How can you withdraw your consent?

Consent is not the basis for processing.

Is the data subject to decisions made solely by computers? (automated decision making) No
Where does this data come from? Client level annual collection from 152 Local Authorities in England to establish the number of new, continuing and closed cases of Guardianship in England under Sections 7 and 37 of the Mental Health Act 1983.
The legal basis for collecting this data

GDPR Article 6 (1) (c) - processing is necessary for compliance with a legal obligation to which the controller is subject.

GDPR Article 9 (2) (h) – processing is necessary for the …… management of health and social care systems and services supplemented by DPA 2018 – Schedule 1, Part 1, para 2:  health or social care purposes; (f) – the management of health care systems or services or social care systems or services.