Confidentiality and telephone contact Authentication for legal proceedings

Samantha Kerr made this Freedom of Information request to West Lothian Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

Response to this request is long overdue. By law, under all circumstances, West Lothian Council should have responded by now (details). You can complain by requesting an internal review.

Dear West Lothian Council,

Per FOISA please supply me the following information contained in your records:

1. When social workers or employees telephone from a landline or mobile telephone to a service user, what security measures to you use to qualify that you are speaking with the legitimate person.

2. What measures do Social Policy policies & procedures have in place at the first point of contact for example what is the agreement to protect an individual's rights to DP including but not limited to children, vulnerable adults, disadvantage people or any persons data that you are processing?

3. Please Specify what security and or identification code you have in place within your policies and procedures to quantify the proper processing of an individual’s data i.e. name, DOB, pass code etc.

4. If a telephone phone call or text message forms part of a legal proceeding, and Social Work have not got a security system in place to authenticate the validity of the service user, then please advise if the notes taken from the call/text for the official record are legally binding and admissible in a family court of law.

Yours faithfully,

Samantha Kerr

Customer Service, West Lothian Council

Thank you for emailing the Customer Service Centre.  Due to the high
volume of email traffic recently we may take longer than our 24 hour
response. Should you require a quicker response please call us on 01506
280000 or use our on-line form facility at
[1]www.westlothian.gov.uk/report

 

Regards

Customer Service

This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk

References

Visible links
1. file:///tmp/www.westlothian.gov.uk/report

West Lothian Council

Data Label: OFFICIAL

Dear Ms Kerr

Information Request

Our Reference: 101006209971

Thank you for your recent request for information which has been logged
and transferred to the appropriate Service Information Liaison Officer
(ILO) who will provide a response within the appropriate timeline shown
below:

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Carole-Anne

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

Find us on:

[1]HTML tutorial [2]HTML tutorial

Privacy information

Information held about you

West Lothian Council will hold all personal information contained in your
request and all personal information needed to answer your request in
accordance with data protection law. It is important that we hold accurate
and up to date information about you in order to respond to your request.
If any of your details have changed, or change in the future, please
ensure that you tell us as soon as possible so that we can update your
records.

How will we use information we hold about you?

We will use your personal information to respond to your request and to
any appeal submitted in relation to your request.

Who we will share your information with?

The council will not share your information with any third party unless
you ask us to do so or we are required to do so by law.

How long do we keep your records?

We will keep personal information relating to your request for a maximum
of six years after your request and any appeal associated with your
request has been answered.

Your rights

If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email:
[4][email address]

show quoted sections

SocialPolicyIR, West Lothian Council

DATA LABEL: OFFICIAL

Dear Enquirer

 

Thank you for your request below which we are working on at the moment. To
progress your enquiry can you please confirm what is meant by DP in
question 2. Once we have this information, we can complete your enquiry.

 

Per FOISA please supply me the following information contained in your
records:

 

1.When social workers or employees telephone from a landline or mobile
telephone to a service user, what security measures to you use to qualify
that you are speaking with the legitimate person.

 

2.What measures do Social Policy policies & procedures have in place at
the first point of contact for example what is the agreement to protect an
individual's rights to DP including but not limited to children,
vulnerable adults, disadvantage people or any persons data that you are
processing?

 

3.Please Specify what security and or identification code you have in
place within your policies and procedures to quantify the proper
processing of an individuals data i.e. name, DOB, pass code etc.

 

4.If a telephone phone call or text message forms part of a legal
proceeding, and Social Work have not got a security system in place to
authenticate the validity of the service user, then please advise if the
notes taken from the call/text for the official record are legally binding
and admissible in a family court of law.

 

 

Systems Implementation Officer

 

Civic Centre

Howden South Road

Livingston

West Lothian EH54 6FF

 

West Lothian Council - Data Labels:

 

OFFICIAL - Sensitive: Contains Personal or Business Sensitive Information
for authorised personnel only

OFFICIAL: Contains information for council staff only

PUBLIC: All information has been approved for public disclosure

NON-COUNCIL BUSINESS: Contains no business related or sensitive
information

 

Link to Information Handling Procedure:
http://www.westlothian.gov.uk/media/1597...

 

P SAVE PAPER - Please do not print this e-mail unless absolutely
necessary.

 

 

This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk

Dear SocialPolicyIR,

If you don’t know what DP is you should not be answering FOI as a means to draw out the timescales.

DATA PROTECTION.

Please respond within the original timescale.

Yours sincerely,

Samantha Kerr

Dear West Lothian Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of West Lothian Council's handling of my FOI request 'Confidentiality and telephone contact Authentication for legal proceedings'.

Dissatisfied with the response to not knowing what os meant by DP.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Samantha Kerr

Customer Service, West Lothian Council

Thank you for emailing the Customer Service Centre.  Due to the high
volume of email traffic recently we may take longer than our 24 hour
response. Should you require a quicker response please call us on 01506
280000 or use our on-line form facility at
[1]www.westlothian.gov.uk/report

 

Regards

Customer Service

This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk

References

Visible links
1. file:///tmp/www.westlothian.gov.uk/report

West Lothian Council

DATA LABEL: Official (Sensitive)

Dear Ms Kerr

Information Request

Our Reference: 101006275412

Thank you for your recent request for information which has been logged
and transferred to the appropriate Service Information Liaison Officer
(ILO) who will provide a response within the appropriate timeline shown
below:

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Lindsay

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

Find us on:

[1]HTML tutorial [2]HTML tutorial

Privacy information

Information held about you

West Lothian Council will hold all personal information contained in your
request and all personal information needed to answer your request in
accordance with data protection law. It is important that we hold accurate
and up to date information about you in order to respond to your request.
If any of your details have changed, or change in the future, please
ensure that you tell us as soon as possible so that we can update your
records.

How will we use information we hold about you?

We will use your personal information to respond to your request and to
any appeal submitted in relation to your request.

Who we will share your information with?

The council will not share your information with any third party unless
you ask us to do so or we are required to do so by law.

How long do we keep your records?

We will keep personal information relating to your request for a maximum
of six years after your request and any appeal associated with your
request has been answered.

Your rights

If you have any questions or concerns about how your information is used,
please contact the Data Protection Officer. More information about data
protection and how it applies to you, including how to make a complaint,
is available from the [3]Information Commissioner's Office

You have a number of rights under data protection law, including the right
to request your information and to request that the information be amended
if incorrect or, in some circumstances, erased.

To make a request for information, amendment or erasure, you will need to
put your request in writing and provide proof of identification to the
Data Protection Officer, West Lothian Council, West Lothian Civic Centre,
Howden South Road, Livingston, West Lothian, EH54 6FF Email:
[4][email address]

show quoted sections