Complaints handling privacy notice

Purpose

This notice explains how High Life Highland collects, uses, and protects your personal information when you submit a complaint or when a complaint is submitted on your behalf.

Description

This privacy notice applies whenever you:
o    Submit a complaint directly using our online complaints form
o    Submit a complaint by email, letter, telephone, or in person
o    Have a complaint submitted on your behalf by a representative

What is a complaint?

A complaint is an expression of dissatisfaction (oral or written) by one or more members of the public about the provision or failure to provide a service by or on behalf of High Life Highland (HLH).

What personal information we collect

About you (the complainant)
o    Your full name
o    Contact details – postal address, email address, telephone number(s), HLH membership number
o    Details of the complaint, including date, location(s) and staff or services involved
o    Any supporting evidence you choose to provide

Special category (sensitive) data

Some complaints may involve sensitive personal information. We will only process this where it is relevant to your complaint.

This may include information about health or disability, racial or ethnic origin, religious belief, or sexual orientation – for example, if your complaint relates to access, equality, or a health referral programme.

About the subject of the complaint (where different from you)

Where you are complaining about the conduct of a member of staff or another individual, we will process limited personal data about that person to the extent necessary to investigate your complaint.

Complaints submitted on your behalf

You may authorise another person – such as a family member, carer, advocate, or solicitor – to submit a complaint on your behalf. Where this happens:

o    We will ask for evidence that you have authorised the representative to act on your behalf (typically a signed mandate or written confirmation)
o    We will process your personal data to handle the complaint, regardless of who submitted it
o    You retain all rights in relation to your personal data, even where a representative is acting for you.
o    We will communicate outcomes to your representative unless you instruct us otherwise

Where your complaint involves special category data and is submitted via a representative, we may contact you directly to confirm your authorisation before we proceed.

Children and Vulnerable Adults

We are committed to ensuring that children and vulnerable individuals can raise complaints in a way that is accessible, fair and supportive. We will make reasonable adjustments where needed to help people engage with the complaints process, and we will communicate in a manner appropriate to the individual’s age, needs and understanding.

Where a complaint is made on behalf of another person, we will, where appropriate, seek consent and ensure their views are considered. In handling complaints involving children, we follow relevant legal and best practice guidance, ensuring the child’s best interests are a primary consideration.

Where necessary, we may direct individuals to independent support services. Any safeguarding concerns identified during a complaint will be handled separately in line with our safeguarding procedures.

Who we share your information with

We will only share your complaint information where necessary. This may include:

Recipient: HLH staff involved in handling your complaint    
Reason: To investigate and respond to your complaint at Stage 1 or Stage 2.

Recipient: Scottish Public Services Ombudsman (SPSO)    
Reason: If you escalate your complaint to the SPSO after Stage 2, or if the SPSO requests information from us as part of its own investigation.

Recipient: The Highland Council    
Reason: In our capacity as an ALEO of The Highland Council, we may share complaint statistics or escalated matters where governance oversight is required. Personal data will only be shared where strictly necessary.

Recipient: Legal advisors or insurers    
Reason: Where a complaint results in or may result in legal proceedings, only to the extent necessary.

We do not sell or share your personal data with third parties for marketing purposes. We do not transfer complaint data outside the UK.

How long we hold your information

Complaint records (both case files and analysis) are retained for 5 years of the conclusion of the investigation. A complaints register is held for 10 years.

Conditions for processing personal information

We do not process your complaint data based on consent. This means that you cannot withdraw consent to stop us processing information submitted as part of a live complaint – we are required to handle complaints regardless.

• Article 6(1)(c) - Legal Obligation - As an Arms Length External Organisation (ALEO) of the Highland Council, High Life Highland is required to operate a Model Complaints Handling Procedure (MCHP) as set out by the Scottish Public Services Ombudsman (SPSO). This is the primary basis for processing complaints data.
• Article 6(1)(f) - Legitimate Interests - Where processing is not strictly required by the MCHP but is necessary to manage complaints fairly, improve services, and protect the organisation from legal challenge.
• Article 9(2)(g) - Substantial Public Interests - Where your complaint involves special data (e.g. health, disability, ethnicity), we process this under the substantial public interest condition, specifically for the administration of justice and the exercise of statutory functions (ref DPA 2018 section 10(3))

Your rights

Under UK GDPR you have the following rights in relation to your personal data:

• Right of Access (SAR) - You may request a copy of the personal data we hold about you. We will respond within one calendar month.
• Right to Rectification - If information we hold is inaccurate, you can ask us to correct it.
• Right to Erasure - You can ask us to delete your data. However, this right is limited where we are processing under legal obligation – we cannot erase records relating to an open or recently closed complaint.
• Right to Restriction - You can ask us to pause processing in certain circumstances, e.g. while you contest the accuracy of the data.
• Right to Object - Where we process under legitimate interests, you can object to processing. We will cease unless we can demonstrate compelling grounds to continue.
• Right to Portability -This right does not apply to complaint data, as processing is not based on consent or contract.

To exercise any of these rights, please contact our Data Protection Officer using the details below.    

Find out more about your rights

Automated Decision-Making

Your complaint data is not subject to automated decision-making or profiling. All complaints are reviewed and responded to by a member of staff.

How We Keep Your Data Secure

High Life Highland takes the security of personal data seriously. Complaint records are stored securely and accessible only to staff who need to handle or review complaints. Access is controlled and audited.

Data Controller

The Highland Council

If you are unhappy with the way we have processed your data

In the first instance, please contact our DPO:

Email:         DPO@highlifehighland.com 
Post:         Data Protection Officer
Highland Council Headquarters
Glenurquhart Road
Inverness
IV3 5NX
Telephone:    01463 702029

You have the right to make a complaint to the ICO at any time:

Website:    https://ico.org.uk/ 
Post:    Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone:    0303 123 1113