GDPR Data processing modelManagement of deputyships for adults who lack mental capacity

Organisation: PrivateOrganisation: PublicFunction: Legal and compliance

This processing relates to the management and monitoring of deputyships by professional and public authority deputies appointed by the Court of Protection to make decisions for adults who lack mental capacity (England and Wales).

Purposes (1)

A purpose is the objective pursued by the setting up of your file. It indicates what the processing of personal data will be used for, its purpose. This purpose must be clear and understandable

Management and monitoring of deputyships

Management and monitoring of decisions taken on behalf of adults who lack mental capacity under a Court of Protection deputyship order (property and financial affairs or health and welfare), including record-keeping and reporting to the Office of the Public Guardian.

Legal obligation

UK GDPR Art. 6(1)(c): the deputy acts under a Court of Protection order and must report to the Public Guardian as directed (Mental Capacity Act 2005, ss.16 and 19). Public authority deputies may rely on Art. 6(1)(e). Health data: Art. 9(2)(g) with DPA 2018 Schedule 1, Part 2 (para 6 statutory purposes or para 18 safeguarding of individuals at risk).

Data categories (3)

Personal data is any information relating to an identified or identifiable natural person. A natural person can be identified either directly (eg surname and first name) or indirectly (eg phone number, social security number, email or postal address, but also voice or image)

Data relating to working life

Data details

Revenues

optional

Name of employeroptional

Name or company nameoptional

Company registration numberoptional

Field of activityoptional

socio-professional categoryrequired

Professionrequired

Data conservation rules

Active base:

Active database: for underwriting and contract lifecycle.

6-year period matches statutory limitation for contractual and tort claims.

Intermediate archiving:

Dormant database: 6 years post-contract

Aligned with Limitation Act 1980.

Destruction

Identification of the protected adult

Data details

Telephone numberrequired

Emailrequired

Postal Addressrequired

Date and place of birthrequired

Name and surnamerequired

Data conservation rules

Active base:

During the deputyship. After it ends (death of the person, recovery of capacity or discharge by the Court of Protection), the file is kept for 6 years to deal with final accounts, enquiries from the Office of the Public Guardian and possible claims (Limitation Act 1980, ss.2 and 5). Neither the Mental Capacity Act 2005 nor OPG guidance sets a period after the deputyship, so the controller should document this choice. Public authority deputies may transfer records of historical value to their archive service. Then secure destruction.

Mental Capacity Act 2005; Office of the Public Guardian guidance; Limitation Act 1980, ss.2 and 5

Destruction

Data relating to the personal life of the protected adult

Data details

Marital status

required

Family status

required

dependent children

required

Medical Historyrequiredsensitive data

Economic situationrequired

Data conservation rules

Active base:

Mental Capacity Act 2005; Office of the Public Guardian guidance; Limitation Act 1980, ss.2 and 5

Destruction

Data subject (1)

A data subject is any person whose data is collected, retained or processed by the data processing. e.g. In a recruitement process, any candidate for a position proposed in recruitement management process

Other

Created at:07/08/2023

Updated on:10/05/2026

Nb using:10