Catering - Specific Diet privacy notice
Read the privacy notice for Catering - Specific Diet
When you request a specific diet from Catering Services for your child you will need to provide us with some personal information.
As the 'data controller' for the personal information - or data - we hold about you, South Ayrshire Council decides how your personal information is used/processed, and what it is used for. This statement provides more details about this and provides information on how to get in touch with us if you need to know more.
Your personal data - what is it?
Personal data is information relating to a living person who can be identified from that data. Identification can be based on the information alone, or in conjunction with any other information. The processing of personal data is governed by the General Data Protection Regulation 2016 (GDPR) and supplemented by the Data Protection Act 2018.
What Personal Data will we collect from you?
We will only collect the personal information we need to provide you with relevant information, services and support. The personal data we will collect includes:
On requesting a specific diet we would require:
To enable us to tailor the dietary requirements, you may need to advise us of:
• Child's Name
• Child's Age
• Food Allergy / Intolerance
• Parent/Guardian's Name
• Medical Conditions
• Religious Beliefs
• Telephone (landline / mobile)
• Food Preferences e.g. vegan
• Email Address
• GP contact details
• School Attended
• Speech and Language Therapist/Dietician contact details
A photograph of your child will be requested where a specific diet is agreed
How will we use your information?
Our Catering Services aim to improve food and nutrition in our schools to strengthen pupil's health and wellbeing and raise standards of learning and attainment for our pupils. As part of this service, where possible, we cater for pupils with specific dietary requirements. Where a child's specific dietary requirements are not medically related, an informal discussion will take place between the Head Teacher and the parent/guardian. Where a child has specific medical related dietary requirements, the parent/guardian will be required to complete our Medical Diet Request Form. The information provided on this form will be used to assess provision of a specific medical-related diet for your child to ensure an appropriate diet is provided. The information you provide will assist catering staff to prepare and serve appropriate food that is compliant with your child's dietary requirements.
Photographs are taken of pupils where specific dietary requirements are agreed. These photographs will be placed in an area of the school kitchen where only catering staff can view them for their reference, in order to safeguard the privacy of the children. This will also ensure catering staff match the specific diet with the correct pupil, which is particularly important where temporary catering staff is providing cover at the school.
What is the legal basis for using/sharing your information?
Under Article 6(1) (e) of the GDPR, the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller. The primary legislation relating to the administration of school meals are the Education (Scotland) Act 1980 and the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020.
Special category data
For some activities, we also need to process more sensitive personal information about you known as special category data, for example health information. Processing is necessary for reasons of substantial public interest as set out in Article 9(2) (g) of the GDPR and meets a condition in Part 2 of Schedule 1 of the Data Protection Act 2018, i.e, we need to collect this health information about your child to allow us to provide a tailored dietary service.
Who will we share your information with?
Where necessary, we may share your child's specific dietary requirements with key staff within the school.
The Council takes our duty to protect children very seriously, While we will not normally share your child's data with any third party, in the event of an emergency we may need to share their personal and health data with the NHS Emergency Services (e.g. in the event of an allergic reaction requiring emergency treatment while your child is at school).
How long do we keep hold of your information?
We keep your personal data for no longer than reasonably necessary. Your information will be retained in line with our Corporate Records Retention Schedule as follows:
Purpose we collect your personal data
Trigger- event that prompts
How long we hold your data
Provision of specific dietary requirement
Pupil leaving education
Current + 1 year
What are your rights?
The lawful basis for processing/using your personal data directly impacts which rights are available to you. For example, some rights will not apply, if we are processing your data under public task (Article 6(1) (e)) we are not required to:
- erase your personal information
- enable the right of data portability
However, you do have the following rights and can ask us to:
- correct your personal information if it is inaccurate;
- complete your personal information if it is incomplete;
- restrict the processing of your personal information in certain circumstances
You also have the right to object to the processing of your personal information and the right to access your personal information.
What are the consequences of failing to provide personal information?
If you fail to provide the required information, we will be unable to assess your child for the provision of a specific diet which would result in the Council being unable to provide you with the statutory service you are requesting.
What about Automated Decision- Making?
The Council does not use profiling or automated decision-making. Some processes are semi-automated (such as data matching for the prevention or detection of fraud), but an actual person will always be involved before any decision is reached affecting any individual.
Do you require this statement in a different format?
Please contact us if you require this information in an alternative format.
How can you get in touch with us?
If you wish to obtain any records held by the Council relating to you, or if you have any general data protection queries, please contact the Council's Data Protection Service at:
Data Protection Officer
South Ayrshire Council
Telephone: 01292 612 223
If you have a complaint
If you are unhappy with the way the Council has dealt with your personal information, you can complain to the Data Protection Officer using the contact details noted above. If you remain dissatisfied, you have the right to complain to the Information Commissioner:
Information Commissioner's Office
45 Melville Street
Telephone: 0303 123 1113