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Digital

Mental Capacity Act 2005, Deprivation of Liberty Safeguards

Summary

NHS England collects information from local authorities in England to track Deprivation of Liberty Safeguards (DoLS) activity under the Mental Capacity Act 2005. The data is used to produce an annual official statistics report showing active DoLS applications.

Controller NHS Digital
How we use the information (processing activities)

NHS Digital collects data to monitor Deprivation of Liberty Safeguards (DoLS) activity with reference to the Mental Capacity Act 2005 within local authorities in England. The main output is an annual report which is deemed to be an official statistic which presents information on active Deprivation of Liberty Safeguards (DoLS) applications under the Mental Capacity Act 2005.
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 EEA
How long the data is kept Personal data is stored in line with NHS Digital’s corporate retention categories. For DoLS, 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 people where a DoLS was requested and ultimately accepted or rejected.
The legal basis for collecting this data

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

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, (2) (2) (f) – processing is necessary for the management of health care systems or services or social care systems or services.