Your data: community payback orders

How we use your information

If you are sentenced to a Community Payback Order, we will receive a copy of the Order from the Clerk of the Court before we start working with you.

You will be allocated a social worker or an order supervisor who will open a case file for you in our Case Management System and who will keep records about you in your case file as you progress through your Order. If we already have a case file for you then we will add these records to your existing case file.

We receive information from partners which is added to our records. In some cases, information will be added to our records using automated processing, to speed up the time it takes to deal with simple processes. Decisions about you are not made using automated decision-making.

Sometimes, during the process of supporting you, you and your social worker may decide that it would be beneficial to refer or assist you to access other Council services (for example, housing) or outside organisations for further help or support. To do this on your behalf will normally mean the social worker sharing some information about you with that service or organisation. If this is the case, this will always be discussed between you and your social worker, on a case by case basis, and be done with your agreement.

We will treat your case file confidentially, although you should also be aware that there are some limited circumstances where information from your case file may be shared, particularly to prevent risk of harm to others.

We may also be required to provide information from case files to Scottish Ministers as part of the Protection of Vulnerable Groups Scheme. This is something we are required to do under Section 19 of the Protection of Vulnerable Groups (Scotland) Act 2007.

Where you have a Programme Requirement as part of your Order, we will share limited, necessary and relevant information about you with the programme provider. We remain the Data Controller for this information and we make sure that they process your data appropriately through our contractual arrangements with them.

How long we keep your information for

Unless you have any other interactions with the Council’s Social Work Service, once you have completed your Community Payback Order, we will close your case file. We keep closed case files for the current year, plus five years, from the point at which your case is closed.

Your rights

You have rights to your data, including the right to ask for a copy of it. See more information about all of the rights you have. You also have the right to make a complaint to the Information Commissioner’s Office. That is the body responsible for making sure organisations like the Council handle your data lawfully.

Our legal basis

Aberdeen City Council is the Data Controller for your information. Whenever the Council processes personal data, we need to make sure we have a legal basis for doing so in data protection law. The Council understands our legal basis for processing personal data in relation to Community Payback Orders as Article 6(1)(c) and Article 6(1)(e) of the General Data Protection Regulation. This is because providing criminal justice social work services is part of our public task, under the Social Work (Scotland) Act 1968, and because the Council is required to undertake supervision of Community Payback Orders by the Criminal Procedure (Scotland) Act 1995 (as amended by the Criminal Justice and Licensing (Scotland) Act 2010). In carrying out this function, the Council is also likely to process special categories of personal data. The Council understands our legal basis for doing so as Article 9(2)(h) of the General Data Protection Regulation, because processing is necessary for the provision of health or social care or treatment or the management of health or social care systems and services.  Where the Council processes personal data relating to criminal convictions and offences, the Council understands our legal basis for doing so as Article 10 of the General Data Protection Regulation.

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