Housing options privacy notice
Updated: 21 July 2021
Our contact details
Name: Data Protection Officer
Address: Time Square, Market Street, Bracknell, RG12 1JD
Phone Number: 01344 352000
The type of personal information we collect
We currently collect and process the following information:
- address history
- dates of birth
- proof of identity (documentation such as passport, birth certificate)
- contact details (email and telephone)
- next of kin details
- personal and financial details of other household members
- legal certificates
- bank details including statements
- income details including copies of pay slips, benefit award letters
- other financial information such as debts
- tenancy history
- GP details
- evidence of immigration status
- National Insurance number
- support needs
- employment details
- reasons why you are in a housing need
We also collect the following special category information:
- race or ethnic origin
- religious beliefs
- sexual orientation
- physical and mental health conditions
- substance and alcohol misuse information
- offending and other information relating to the criminal justice system
Criminal offence data will be processed under the 28 conditions of Schedule 1 of the Data Protection Act 2018 which are available for the processing of criminal offence data. These are set out in paragraphs 1 to 37.
How we get the personal information and why we have it
Information is collected from you as the service user by:
- online forms
- hard copy documents
- face to face discussion
This information will be collected from either you directly as the data subject, or from a representative acting on your behalf.
Information may also be collected through third parties such as:
- the police
- children’s services
- social care services
- mental health services
- general practitioners
- other local authorities
- the housing benefit department
- the Department for Work and Pensions (DWP)
- landlords or hosts
- the courts
We use the information that you have given us in order to determine the level of assistance and help you will be entitled to under Part VI and Part VII of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2017).
Under Part VI, the council has various duties in respect of the management of its housing register and the allocation of social housing.
The legislation requires the council to:
- have an allocation scheme for determining priorities
- define the procedures to be followed in allocating housing accommodation
- allocate in accordance with that scheme
In framing its allocation scheme to determine allocation priorities, the council must make sure that reasonable preference is given to the certain categories of people as set out in the legislation.
Under Part VII, the council has various legal duties in respect of households that are homeless or threatened with homelessness. The legislation requires the council to:
- take action to prevent homelessness
- to provide assistance to people threatened with or actually homeless
This may include the provision of interim (emergency or temporary) accommodation.
Getting and holding information regarding the household is therefore a necessary action by the council in order to make enquiries for it to meet its legal obligations under this legislation.
How the law allows us to use your personal information
Under the General Data Protection Regulation (GDPR), the lawful basis we rely on for processing this information is to perform a public task.
The housing options service will process your information to comply with its legal obligations under the Housing Act and under a public task duty as per GDPR Articles 6 and 9. If we need consent for additional services we will make sure it is both informed and explicit.
Lawful basis for processing
Under the General Data Protection Regulation (GDPR), the lawful basis for processing is Article 6 GDPR:
- (a) you have given consent
- (b) process is necessary for the performance of a contract
- (c) processing is necessary for compliance with a legal obligation to which we are subject
- (e) a task carried out in the public interest
Special category data
Special category data is being processed under Article 9 GDPR:
- (a) you have given your consent
- (e) processing relates to personal data which are manifestly made public by the data subject
Where we do use consent to process your personal data, we will explain to you what we are asking you to agree to and why.
If we have consent to use your personal data, you have the right to remove it at any time.
If you want to remove your consent, please email firstname.lastname@example.org and we will deal with your request.
If you remove your consent we are unlikely to be able to provide continued services to you.
Who we share your information with
Information held by the council may be shared with the following organisations:
- other council departments including environmental health, housing benefit, children’s services and adult social care
- other local authorities (education, social care children and relevant housing and employment and other services)
- central government
- multi-agency safeguarding hub (MASH) – for safeguarding concerns relating to children
- multi-agency public protection arrangements (MAPPA) – relating to ex-offenders for the purposes of risk management
- multi-agency risk assessment conference (MARAC) and domestic abuse repeat incident meeting (DARIM) – relating to cases of domestic abuse for the purposes of risk management and safeguarding
- other third-party organisations, as allowed by law
- other partner agencies that provide services on our behalf
- agencies with whom we have a duty to co-operate, such as the police
- housing providers
- Department for Work and Pensions
- HM Court Services
- health authorities
- general practitioners
- the cabinet office - for the purposes of a data matching exercise called the national fraud initiative - the purpose of this exercise is to detect fraud and error and the council is legally required to participate
- elected members – to resolve queries when acting on your behalf
How we store your personal information
Your information is stored electronically on:
- secure encrypted laptops
- secure council housing and homelessness systems
- shared drives for which access is restricted to the team for which the data is necessary
Data will not be kept for longer than is necessary and is kept in line with the council’s retention and disposal schedule. We will dispose your information by securely destroying any data we hold.
Your data protection rights
Under data protection law, you have rights we need to make you aware of. The rights available to you depend on our reason for processing your information.
Your right of access
You have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process.
Find out more about your right of access from the ICO.
Your right to get your data corrected
You have the right to ask us to correct information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies.
Find out more about your right to get your data corrected from the ICO.
Your right to get your data deleted
You have the right to ask us to delete your personal information in certain circumstances.
Find out more about your right to get your data deleted from the ICO.
Your right to limit how organisations use your data
You have the right to ask us to limit the processing of your information in certain circumstances.
Find out more about your right to limit how organisations use your data from the ICO.
Your right to object to the use of your data
You have the right to object to processing if we are able to process your information because the process forms part of our public tasks.
Find out more about your right to object to the use of your data from the ICO.
Your right to data portability
This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organisation to another, or give it to you.
The right only applies if we are processing information based on your consent or under, or in talks about entering into a contract and the processing is automated.
Find out more about your right to data portability from the ICO.
Making a request
You are not required to pay any charge for exercising your rights. If you make a request, we have 28 days to respond to you.
To make a request, contact us by emailing: email@example.com
As a public authority and a provider of services to the public, we have a legal duty to comply with the Equality Act 2010.
This means we need to make service adjustments for anyone with a disability who contacts us in any capacity, to eliminate any barriers to accessing our services.
Our lawful basis for processing this information is article 6(1)(c) of the GDPR as we have a legal obligation to provide this. Our processing of special category data, such as health information you give us, will be based on article 9(2)(a), which means we need your consent.
We will create a record of your adjustment requirements. These will give your name, contact details and type of adjustment required, along with a brief description of why it is required. Relevant staff can access this to make sure they are communicating with you in the required way.
Please contact us should you require service adjustments.
How to complain
If you have any concerns about our use of your personal information, you can make a complaint to us at firstname.lastname@example.org
You can also complain to the ICO if you are unhappy with how we have used your data by:
- visiting the ICO website
- phoning the ICO helpline on 0303 123 1113
Information Commissioner’s Office
- Information Commissioner’s Office