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Privacy Notice - Sheltered Housing, Community Involvement, Home Ownership, Tenancy and Business Support

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 manage your tenancy and your rent accounts, deal with enquiries or complaints and support, consult and engage with our residents and communities.  Other reasons include:

  • To support business needs and deliver the service
  • Safeguarding - to meet current legislation
  • Legal - your details are included in Notice of Assignments when you sell your property
  • Information provided will be assessed for eligibility purposes for the Right to Buy process with reference to the Housing Act 1985.

Information collected

  • Name and Contact Details
  • Family Make-up Details, including next of kin and emergency contact details
  • Signature
  • Date of Birth
  • Bank Details
  • Financial information such as rent history, housing related debit, proof of benefits, mortgage reports, National Insurance Number, housing benefit, child benefit, insurance details
  • Health and medical records
  • Biometric data, including age
  • Lifestyle and social circumstances (we collect information related to behaviours and activities that could be perceived as anti-social behaviour)
  • Employment and education details
  • Licenses or permits held
  • Business activities
  • Racial and ethical data
  • Criminal Records including court proceedings and pending any unspent convictions
  • Photos/Images - passport and driving license for ID purposes
  • Current and Previous address history
  • Immigration status
  • Death and birth certificates

The data is collected through:

  • Emails
  • Face to face at interviews / hand written notes
  • Post
  • Online and paper application forms
  • Phone
  • Third Parties such as residents and neighbours, 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, Car Log Books, charities, friends and advocates,
  • Existing live Basildon Council case files and from other internal departments
  • Website and social media

The basis for the processing

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

Personal Data:

  • 6(1)(a): Consent of the data subject
  • 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)(c): Processing is  necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent
  • 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.

PROCESS: Sheltered Housing - Housing Management and Accommodation

Legal/Lawful bases:

Explicit consent and Legitimate or Vital Interests - related to health and safeguarding.  Criteria to secure sheltered accommodation is based on age and explicit consent may be required for health reasons during the tenancy to protect the individual.  Processes will be under the Care Act 2014 and Mental Health Act 2017 as well as safeguarding adults.

Contract - This Relates to your Tenancy Agreement

Public Task under one or more of the following -

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

Retention/Disposal:

Your information is held on a secure and password protected system and will be deleted 1 year after your tenancy has ceased or upon request.

PROCESS: Sheltered Housing - TV Licensing for Communal Areas and Concessionary Licenses

Legal/Lawful bases:

Contract - This relates to your Tenancy Agreement and (The Housing Acts, 1985 1988, 1996, 2002, 2004 (as amended by the Homeless Act) and TV Licensing contract (Part 4 of the Communications Act 2003)

Retention/Disposal:

Your information is held for administrative purposes for one year after your license expires.

PROCESS: Sheltered Housing - T V Licensing: New Tenant Sign Ups

Legal/Lawful bases:

Contract - This relates to your Tenancy Agreement (The Housing Acts, 1985 1988, 1996, 2002, 2004 (as amended by the Homeless Act) and TV Licensing contract (Part 4 of the Communications Act 2003)

Retention/Disposal:

Your information is held for administrative purposes for one year after your license expires.

PROCESS: Community Involvement - Grants to Voluntary and Community Groups

Legal/Lawful bases:

Contract - This relates to discretionary grants awarded based on an application process and under the General Power of Competence under Section 1 of the Localism Act 2011.

Retention/Disposal:

Your information is held for contractual and monitoring purposes for the duration of the funding and will be deleted 2 years after your funding has ended.

PROCESS: Community Involvement - 121 Working with Young People

Legal/Lawful bases:

Explicit Consent - Confidential and sensitive information on any special category could be disclosed when working with young people.  This is covered mainly in the Children Acts 1989 and 2004;

Legitimate or Vital Interests - Safeguarding and prevention from harm of external influences, such as gangs, drugs, alcohol, abuse.  This is covered mainly in the Children Acts 1989 and 2004;

Retention/Disposal:

Your information will be deleted immediately after contact has ceased, unless there is a safeguarding issue.

PROCESS: Community Involvement - Community Development

Legal/Lawful bases:

Consent - This is a discretionary service requiring voluntary participation under the General Power of Competence under Section 1 of the Localism Act 2011

Retention/Disposal:

Your information will be held for administrative purposes on a secure system as long as you are a volunteer with us and will be deleted 2 years after you have ceased to be a volunteer.

PROCESS: Community Involvement - Activity Centres

Legal/Lawful bases:

Contract - This relates to your voluntary membership

Public Task - General power of Competence under Section 1 of the Localism Act 2011

Retention/Disposal:

Your information will be held on a secure system for the duration of your membership with the centre and will be deleted 2 years after your membership

PROCESS: Home Ownership Team - Right to Buy

Legal/Lawful bases:

Public Task under one or more of the following -

  • The Housing Acts, 1985 1988, 1996, 2002, 2004 (as amended by the Homeless Act),
  • The Landlord and Tenant Act 1987
  • Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014
  • Prevention of Housing Fraud Act 2013
  • Housing and Planning Act 2016
  • The Localism Act 2011

Retention/Disposal:

Your information will be held indefinitely on a secure and password protected system. Your information will stop being used at applications completion or withdrawal, or at completion of a request for a postponement or right of first refusal.

Your information will be deleted after 5 years (discount repayment and/or first refusal) or 10 years (first refusal purposes).

PROCESSES:

  • Home Ownership Team - Leasehold Management
  • Business Support Services - Leasehold Management Packs: Standard, Shared Ownership, Minority, Privately Built Leases (PBLs)

Legal/Lawful bases:

Contract - This relates to compliance under the terms of your signed Lease

Legal or Public Task - Compliance with but not restricted to:

  • The Housing Acts 1985, 1988, 1996, 2002, 2004
  • The Landlord and Tenant Act 1987
  • Prevention of Social Housing Fraud (Power to Require Information) (England) Regulations 2014
  • Prevention of Housing Fraud Act 2013
  • Housing and Planning Act 2016
  • The Localism Act 2011
  • The Commonhold and Leasehold Reform Act 2002

Retention/Disposal:

Your information will be held for contractual reasons for the duration of your lease on a secure and password protected system. Information will be deleted 3 years after your lease has expired.

PROCESS: Home Ownership Team - Recovery

Legal/Lawful bases:

Contract - This relates to compliance under the terms of the lease or tenancy agreement

Legal or Public Task - Compliance with but not restricted to:

  • The Housing Acts 1985, 1988, 1996, 2002, 2004
  • The Landlord and Tenant Act 1987
  • Prevention of Housing Fraud (Power to Require Information) (England) Regulations 2014
  • Prevention of Housing Fraud Act 2013
  • Housing and Planning Act 2016
  • The Localism Act 2011
  • The Commonhold and Leasehold Reform Act 2002

Retention/Disposal:

Your information will be held for contractual reasons for the duration of your lease on a secure and password protected system.  Information will be deleted 3 years after your lease has expired.

PROCESS: Tenancy Services - Housing Rents

Legal/Lawful bases:

Contract - This relates to your Tenancy Agreement

Public Task under one or more of the following:

  • The Housing Acts, 1985 1988, 1996, 2002, 2004 (as amended by the Homeless Act)
  • Prevention of Housing Fraud Act 2013
  • Welfare Reform Act 2016
  • Children's Act 1989 and Working Together to Safeguard Children 2015
  • Mental Health Act 2017
  • Together to Safeguard Children 2015
  • Mental Health Act 2017

Retention/Disposal:

Your financial and rent information related to your tenancy is held for contractual reasons on secure and password protected systems for the duration of your tenancy and deleted 6 years after your tenancy has ceased, unless there is debt and this will be held indefinitely or until the debt is cleared.

PROCESS: Tenancy Services - Tenancy and Estate Management

Legal/Lawful bases:

Contract - This relates to your Tenancy Agreement

Legal and Public Task under one or more of the following -

  • Localism Act 2011
  • Prevention of Housing Fraud Act 2013,
  • The Housing Acts, 1985 1988, 1996, 2002, 2004 (as amended by the Homeless Act)
  • Homeless Reduction Act 2017
  • The Landlord and Tenant Act 1987
  • The Protection from Eviction Act 1997
  • Care Act 2014
  • Children's Act 1989 and Working Together to Safeguard Children 2015
  • Mental Health Act 2017
  • Crime and Disorder Act 1998
  • Anti-social behaviour, Crime and Policing Act 2014

Retention/Disposal:

Your financial and rent information related to your tenancy is held for contractual reasons on secure and password protected systems for the duration of your tenancy and deleted 6 years after your tenancy has ceased, unless there is debt and this will be held indefinitely or until the debt is cleared.

PROCESSES:

Tenancy Services - Anti-Social Behaviour: Initial Stage, Investigation and Early Intervention Tools

Legal/Lawful bases:

Explicit Consent 9(2)a - Confidential and sensitive information on any special category could be disclosed when reporting and then investigating cases of anti-social behaviour.  Processes for explicit consent will be covered under safeguarding referrals.

Public, Legitimate and Vital Interests or public task - This relates to Safeguarding and prevention from harm under one or more of the following -

  • Anti-social Behaviour Act 2003,
  • Anti-Social Behaviour, Crime and Policing Act 2014,
  • Crime and Disorder Act 1998
  • Children's Act 1989 and Working Together to Safeguard Children 2015
  • Mental Health Act 2017

Retention/Disposal:

Your information will be held on a secure and password protected system for the duration of your case and deleted 6 years after your case has closed or upon request.

Information will be retained in cases of safeguarding for as long as the case is ongoing or the risk remains.

PROCESS: Tenancy Services - Anti-Social Behaviour: Enforcement Action

Legal/Lawful bases:

Legitimate or Vital Interests - This relates to safeguarding and prevention from harm

Substantial Public Interest 9(2)g - 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(s)

Public Task under one or more of the following -

  • Anti-social Behaviour Act 2003,  
  • Anti-Social Behaviour, Crime and Policing Act 2014,
  • Crime and Disorder Act 1998
  • Children's Act 1989 and Working Together to Safeguard Children 2015
  • Mental Health Act 2017

Retention/Disposal:

Your information will be held on a secure and password protected system for the duration of your case and deleted 6 years after your case has closed or upon request.

Information will be retained in cases of safeguarding for as long as the case is ongoing or the risk remains.

PROCESSES: Business Support Services - Rent Accounting: Accounts in Credit and Direct Debits

Legal/Lawful bases:

Contract - This relates to your Tenancy Agreement

Public Task under The Housing Acts, 1985 1988, 1996, 2002, 2004 (as amended by the Homeless Act) and Prevention of Housing Fraud Act 2013

Legal - Enforcement Action may be taken if non-compliance with contract/tenancy agreement

Retention/Disposal:

Your financial and rent information related to your tenancy is held for contractual reasons on secure and password protected systems for the duration of your tenancy and deleted 6 years after your tenancy has ceased, unless there is debt and this will be held indefinitely or until the debt is cleared.

Who your information will be shared with

  1.  Internal services and departments, e.g. Housing Benefits, Safer Basildon Hub, Council Tax, legal representatives, Anti-social Behaviour Team, Customer Service Centre and Scanning Team, Homelessness Team, Temporary Accommodation Team, Housing Solutions Team, Domestic Violence Hub, Housing Rents Team, Business Support team, Repairs Team, Voids Team, Tenancy & Estate Services, 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, Debt Tracing Agents, Healthcare, social and welfare organisations, debt collection and tracing agents, courts and tribunals, courts, prisons, Ombudsman, legal representatives and representatives of the persons whose personal data we are processing, credit reference agencies when we conduct Experian searches, partner organisations and local & central government, probation services, armed forces, schools, Essex County Council (Safeguarding), GPs and Hospitals, emergency services, Centra - Emergency Alarm Provider for sheltered housing, National TV Licensing Department, etc.

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.

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
  • To advise agencies where there are safeguarding concerns

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 regulations
  • Make decisions about you based on automated processing.

How long will we hold your data for?

  • Personal details in relation to tenancies are stored indefinitely on a secure system.
  • Grant funding details are retained in line with Financial regulations
  • Personal details are deleted on request unless there is a legal requirement to retain them

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').

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: