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Housing Enabling and Private Sector Housing

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2. Your data

What information do we collect about you?

Depending on the circumstances, we collect information about your name, address, date of birth, telephone numbers, e-mail addresses, and may collect details of your household make up, financial circumstances, National Insurance Number, proof of identity (including photographs), medical information and other information to determine an application for financial assistance. With your permission we may also collect images of defects in your property using the media platform Zoom.

Where we get your information from

We collect personal information from you as the service user through online web forms, hard copy application forms, email, by telephone or through face-to-face discussion.  We also receive information from other council’s services where there is an agreement to share data. This information will be collected from either you directly as the data subject, or from a representative acting on your behalf.

How your information will be used

Housing Enabling Team

We need information from you so that we can record your interest in new affordable housing schemes and if necessary, design schemes to meet your specific needs.

Private Sector Housing Team

We need information from you so that we are able to make housing decisions and provide housing services to the resident, landlords and tenants. We also need your information to issue you with licences and to provide grants and loans.
We may contact you from time to time if we feel:

  • there are developments in the law you need to be aware of
  • we have information that may benefit you, or
  • we would like consult with you about a new policy or procedure

We will also contact you before licence renewal dates to ensure your property remains licensed.

Lawful basis for processing data

The lawful basis for processing your personal data is:

Our legal obligation under the following legislation:

  • Housing Act 2004
  • Protection from Eviction Act 1977
  • Local Government and Housing Act 1989
  • Housing Grants, Constructions and Regeneration Act 1996
  • Homelessness Act 2002
  • Housing and Planning Act 2016
  • Local Government (Miscellaneous Provisions) Act 1976
  • Local Government (Miscellaneous Provisions) Act 1982
  • Public Health Act 1936
  • Public Health Act 1961
  • Caravan Sites and Control of Development Act 1960
  • Caravan Sites Act 1968
  • Criminal Justice and Public Order Act 1994
  • Civil Procedure Rules Part 55
  • Building Act 1984
  • Energy Act 2011
  • Energy Act 2013
  • Environmental Protection Act 1990
  • Prevention of Damage by Pests Act 1949
  • Town and Country Planning Act 1990 (Section 215)
  • Energy Performance of Buildings (England and Wales) Regulations 2012
  • Enterprise and Regulatory Reform Act 2013
  • Anti-Social Behaviour Crime and Policing Act 2014
  • And any Act extending or amending the same or incorporated therewith or any Orders or Regulations made there under
  • Public task - The processing is necessary to perform a task in the public interest or for official functions
  • Contract - The processing is necessary for a contract or taking specific steps before entering into a contract

We are also required to collect some data which is classed as special category or sensitive data.

In order to process special category data, we need to have an additional lawful basis to the above. In this instance, processing is necessary for reasons of substantial public interest to fulfil our legal obligations and regulatory requirements.

Who we share your data with

We may share your personal information between services within the council such as housing benefits, council tax, planning and building control so that we can provide the service that you have requested.

We may also share your data with other external third parties including housing associations, private sector landlords, social care assessors, building contractors, energy suppliers, service providers and energy efficiency installers, letting & managing agents, land registry, other local authorities, DWP, Trading Standards, police and fire services, courts and tribunals.

There may also be instances where our system suppliers will need to access an individual’s personal information to ensure that information is being held securely and accuracy is maintained. This will be on a strict need to know basis and all contracts have confidentiality clauses built in.

Where we engage third parties to process personal data on our behalf, they do so on the basis of written instructions, are under a duty of confidentiality, and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

We will not disclose any personal information to any other third parties unless required to do so by law or where it is appropriate to support our duty to protect public funds and / or detect and prevent fraud or other criminal activity or safeguarding requirements.

We will not transfer your information to countries outside the European Economic Area (EEA) unless this is necessary, and only to countries which have sufficient safeguards in place to protect information.

We will not share your information with third parties for commercial or marketing purposes.

How long do we keep hold of your information and is it secure?

We will only retain your personal information for as long as we are required to do so by law and the purpose we collected it for.

Leaseholder files - indefinitely
Disabled Facilities Grant applications - 10 years
Business partner newsletter and consultation mailing list - Unsubscribe option
HMO Licensing & Inspections - Indefinitely
Consultation responses - 1 year
Complaint records - 6 years
Loan/Grant applications - 20 years
All correspondence (relating to non-statutory functions) - 2 years
Service Level Agreements - 2 years
Housing Complaints & House Condition records - Indefinitely
Zoom video footage - immediately deleted once still images have been captured
Custom & Self Build records - 2 years from end of process
Landlord Liaison database - unsubscribe option
Empty Homes records - indefinitely

Your data is stored securely on our systems and accessed only by authorised officers using their own username and password created in line with pre-defined user credentials.  Personal data is also held in electronic files on the council’s network drives.  These are only accessible through personal logon credentials and access privileges to specific drives. Access to our council sites require a personal electronic pass to access staff only areas.

Changes in your circumstances

You must notify us immediately if there are any changes in your personal details so we can maintain an accurate and up to date record of your information.

Your rights and access to your information

You have rights under the data protection legislation:

  • to access your personal data, known as a subject access request;
  • to be provided with information about how your personal data is processed;
  • to have your personal data corrected;
  • to have your personal data erased in certain circumstances;
  • to object to or restrict how your personal data is processed;
  • to have your personal data transferred to yourself or to another business in certain circumstances;
  • you have the right to be told if we have made a mistake whilst processing your data and we will self-report breaches to the Information Commissioner.

Should you wish to exercise any of your rights, you should contact the Data Protection Officer

If you have any concerns

You have a right to complain to us if you think we have not complied with our obligation for handling your personal information by contacting the Data Protection Officer in the first instance.

If you are not satisfied with the council’s response you have a right to complain to the Information Commissioner Office:

Wycliffe House
Water Lane

Telephone: 0303 123 1113

Or use their online tool for reporting concerns.