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Privacy Notice - Housing Choice

The purpose of this Privacy Notice is to explain how and for what purposes we process your personal data. It applies to personal data that is processed electronically and on paper.

Please read the following Privacy Notice carefully.

Why we are collecting your data

Basildon Borough Council need to collect your personal data so that Officers can assess your housing needs with a view to provide housing advice and accommodation.

Information collected

  • Name and contact details
  • Family make-up details
  • Signature
  • Date of birth
  • Bank details
  • Financial information such as rent history, housing related debt, proof of benefits, mortgage reports, National Insurance Number, housing benefit, child benefit, health and medical records
  • Biometric data
  • Lifestyle and social circumstances
  • Employment and education details
  • Licenses or permits held
  • Business activities
  • Racial and ethnical data
  • Criminal records including court proceedings and pending and unspent offences
  • Photos/images - passport and driving license for ID purposes
  • Current and previous address history
  • Immigration status
  • Death and birth certificates

This data is required so that we can assess your housing needs with a view to providing housing advice and/or accommodation.

The data is collected through:

  • Emails
  • Face to face at interviews
  • Post
  • Online and paper application forms
  • Phone
  • Third parties such as police, social services, council tax, other social landlords, courts, prisons, legal representatives and solicitors, debt collection and tracing agents, healthcare professionals, probation services, social and welfare organisations, ombudsman, GPs, enforcement agencies, energy suppliers, charities, friends and advocates
  • Existing Basildon Council case files and from other internal departments
  • H-Click government portal

The Legal/Lawful Bases for Processing

The lawful bases for processing are set out in Article 6 and 9 of the GDPR.

Personal Data:

  • 6(1)(b): Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract
  • 6(1)(c): Processing is necessary for compliance with a legal obligation
  • 6(1)(e): 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 controller.

Special Category Data:

  • 9(2)(a): Explicit consent of the data subject, unless reliance on consent is prohibited by EU or Member State law
  • 9(2)(b): Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller
  • 9(2)(g): Processing is necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards

PROCESSES:

  • Abritas Online Customer Registration
  • Application Assessment - Homeseekers Online
  • Downsizer Scheme - Applications
  • Joint Tenancy Applications
  • Homeseekers reviews

Legal or Public Task under one or more of the following:

  • The Housing Acts 1985, 1988, 1996, 2002, 2004
  • The Homelessness Reduction Act 2017
  • The Landlord and Tenant Act 1987
  • The Localism Act 2011
  • The Commonhold and Leasehold Reform Act 2002
  • Statutory guidance on social housing allocations for local authorities in England June 2012
  • Equality Act 2010
  • The Children Act 1989, 2004
  • Mental Capacity Act 20014
  • Prevention of Social Housing Fraud Act 2013

SPECIFIC AREAS OF HOUSING CHOICE SERVICES

1)   Supported Housing Pre-Application

  • Joint to sole tenancy on death of tenant
  • Change of name
  • Assignment of tenancy
  • Assignment by court order
  • Allocations - permanent offers
  • Allocations - temporary offers
  • Tenancy sign-ups
  • End of tenancy
  • Surrenders - termination of tenancy
  • Mutual exchanges
  • Successions
  • Successions - approved
  • Management moves
  • Aids and adaptations referrals
  • Property reviews

LEGAL BASIS:

Public Task under one or more of the following -

  • The Housing Acts, 1985 1988, 1996, 2002, 2004 (as amended by the Homelessness Act)
  • Homelessness Reduction Act 2017
  • The Landlord and Tenant Act 1987
  • The Protection from Eviction Act 1997
  • Care Act 2014
  • The Children Act 1989 and Working Together to Safeguard Children 2015
  • Mental Health Act 2017
  • Crime and Disorder Act 2014

Contract - This relates to your tenancy agreement

2)   Garage Applications

ACTIVITY:

  • Homelessness reviews
  • Homelessness Reduction Act assessments

LEGAL BASIS:

Contract - This relates to your garage tenancy agreement

Public Task under one or more of the following -

  • The Housing Acts, 1985 1988, 1996, 2002, 2004
  • Homelessness Act 2002
  • Homelessness Reduction Act 2017
  • The Landlord and Tenant Act 1987
  • Localism Act 2011
  • Homelessness (Suitability of Accommodation) (England) Order 2012

3)  PRIVATE RENTING

ACTIVITY:

  • Private rented - ending a tenancy
  • Private rented - mid-tenancy inspection
  • Private rented - tenants and customers
  • Private rented - landlords

LEGAL BASIS:

Public Task under one or more of the following -

  • The Housing Act 1996 Part 7 (as amended by the 2017 Homelessness Reduction Act 2017)
  • Homelessness Act 2002
  • Homelessness Reduction Act 2017
  • Localism Act 2011
  • Homelessness (Suitability of Accommodation) (England) Order 2012

4)  TEMPORARY ACCOMMODATION ACTIVITY:

  • Interim and temporary accommodation placements - temporary accommodation placements
  • Interim and temporary accommodation - visiting officer
  • Interim and temporary accommodation - temporary accommodation officers

LEGAL BASIS:

Contract - This relates to your temporary tenancy agreement

Public Task under one or more of the following -

  • The Housing Acts, 1985 1988, 1996, 2002, 2004 (as amended by the Homelessness Act)
  • Homelessness Reduction Act 2017
  • The Landlord and Tenant Act 1987
  • The Protection from Eviction Act 1997

5)  SOUTH ESSEX DOMESTIC ABUSE HUB (DV HUB)

LEGAL BASIS: 

Explicit Consent - Confidential and sensitive information on any special category could be disclosed when working with young or vulnerable people

Substantial Public Interest - There is a need to protect and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject under one or more of the following -

  • Care Act 2014
  • The Children Act 1989 and Working Together to Safeguard Children 2015
  • Mental Health Act 2017
  • Anti-Social Behaviour, Crime and Policing Act 2014
  • Crime and Disorder Act 1998
  • Anti-social Behaviour Act 2003
  • Human Rights Act 1998
  • Mental Capacity Act 2005
  • Working Together 2018
  • Modern Slavery Act 2015
  • Domestic Violence, Crime and Victims Act 2004
  • Domestic Abuse Act 2001

Who your information will be shared with

  1. Internal services and departments, e.g. housing benefits, fraud, council tax, legal representatives, anti-social behaviour team, customer service centre and scanning team, housing solutions team, temporary accommodation team, South Essex domestic abuse hub, housing rents team, business support team, repairs team, voids team, councillors and MP's etc.
  2. Other bodies e.g. HMRC, data processors, DWP, housing associations, law enforcement and police, social services, other social or private landlords, other local authorities, healthcare, social and welfare organisations, debt collection and tracing agents, courts and tribunals, prisons, ombudsman, legal representatives and representatives of the person whose personal data we are processing, credit reference agencies when we conduct searches through TransUnion, partner organisations and local and central government, probation services, armed forces, GPs and hospitals etc.
  3. We have arrangements with a range of IT providers who support the Council's IT systems and services, therefore your data may be accessed by these suppliers. Where we have these arrangements there is always a contractual agreement with them to ensure they comply with the Data Protection Law.
  4. We use TransUnion to perform identity and fraud checks, for example, when processing your application. TransUnion acts as a controller in respect of any personal data shared by Basildon Borough Council.  TransUnion shall process such personal data in accordance with the notice displayed on the TransUnion website, at https://www.transunion.co.uk/legal/privacy-centre or such URL as is notified to the Client from time to time.
  5. We will never sell your data, however it will be shared with third parties to:

    - Comply with legal obligations and legislative requirements

    - Help business partners, suppliers and sub-contractors to deliver any contract we enter with them or you

    - To help if there is need of any professional or legal advice on a matter relating to you

    - To help prevent fraud and/or tackle crime

    - To improve and optimise the performance of our services

Provide accurate information

We need to hold accurate and up to date information about you so that we can deliver appropriate services. If any of your details change, you need to tell us as soon as possible so that we can update your records.

We will not:

  • Use your information for marketing or sales purposes without your prior explicit consent.
  • Send or store your data abroad unless it meets the requirements of the Data Protection regulation

We will:

  • Make a decision about you based on automated processing in relation to qualification for acceptance onto the Homeseekers register and this processing is based on information that you enter onto the system via the online registration form.  A review of this automated decision is available upon request by completing the decision review form online.

How long will we hold your data for?

  • The data that you provide will remain with us for the duration that you are an applicant, i.e, active or suspended
  • We will keep some records as long as you are an applicant or accessing housing advice.
  • A Homeseekers applicant's personal data will be deleted 7 years after the application is closed, cancelled or the applicant is housed. This timescale complies with Councils current Retention Schedule and also the Retention Guidelines for Local Government produced by The Records Management Society of Great Britain under common practice 
  • Personal details in relation to tenancies are stored indefinitely on a secure system

Your rights

You have the right to access the personal information we hold about you.  Any access requests are free of charge.  If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data.

You have the right to ask us to erase your personal data in certain circumstances ('right to be forgotten'). However, this is not automatic and it's subject to your current/ongoing relationship with the council.

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances.  Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

The Data Protection Officer
Basildon Borough Council
Basildon Centre,
St. Martin's Square,
Basildon
SS14 1DL

If you are dissatisfied with how we have used your personal information, you can complain to the Information Commissioner's Office, by:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Further independent advice about data protection, privacy and data sharing issues is available from the Information Commissioner's Office, see:

https://ico.org.uk/your-data-matters/