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Housing Policy Service Privacy Notice

When you are accessing or applying for services provided by the Housing Policy Service you will need to provide us with some personal data or information.

As the 'data controller' for the personal information - or data - we hold about you, South Ayrshire Council decides how your personal information is used/processed, and what it is used for.

This statement provides more details about this and provides information on how to get in touch with us if you need to know more.

Your personal data - what is it?

Personal data is information relating to a living person who can be identified from that data. Identification can be based on the information alone, or in conjunction with any other information. The processing of personal data is governed by the UK General Data Protection Regulation (UK GDPR) and supplemented by the Data Protection Act 2018.

What Personal Data will we collect from you?

We will only collect the personal information we need to provide you with relevant information, services and support. The personal data we will collect includes:  

Essential Data

Data which may be collected specific to service needs/requirements (we will only collect this data if there is a requirement to do so, to provide you with the service you require):

  • Name
  •   Date of birth
  • Address
  •  Disability
  • ·Telephone (landline/mobile)
  • Heath conditions
  • Email Address
  •  National Insurance number

 

  • Bank Details, payment of grant award, rent

 

  •  HMO and short-term let Licence data, e.g. safety certification and voluntary accreditations you hold in Scotland (if applicable)

 

  •  Any registrations, licence or voluntary accreditation which has been refused or revoked in connection with letting in UK.

 

  • Convictions (spent or unspent), and court or tribunal judgements issued against you under housing law, landlord and tenant law, or discrimination legislation.

 

  • Previous or current Repairing Standard Enforcement Orders issued by the Housing and Property Chamber Scotland (previously Private Rented Housing Panel)

 

  • Antisocial Behaviour Order or Interim Antisocial Behaviour Orders served on you, or a tenant residing at any of your properties

 

  • Property title deeds (relevant to scheme of assistance and HMO licensing)

 

  • Previous residential addresses

 

  • Benefits related data, e.g. entitlement award letter

 

  • Certificates of birth, death or marriage relevant to grant application

 

  • Proof of Power of Attorney or Guardianship

 

  • Emergency contact details for tenant participation

 

  • Other property ownership

 

  • References relevant to the social letting service

 

  • Solicitor's contact details

 

  • Care leaver's status for access to housing and support

 

  • GP contact details

How will we use your information?

The information will be used to provide advice and assistance to homeowners, landlords and tenants of all housing tenures, and when making application for grant assistance. South Ayrshire Council's Housing Policy Service is responsible for carrying out the Council's strategic housing functions:

  • Ensuring all private landlords and agents in Scotland are 'fit and proper' to be letting residential property
  • Dealing with general enquiries and complaints regarding private tenancies
  • Ensuring private rented properties meet the Repairing Standard
  • Tracing owners of long-term empty properties
  • Letting Properties for Social Letting Service
  • Processing rent payments for Social Letting Service
  • The Scheme of Assistance which includes: Processing of Grant Applications for Disabled Adaptations; Housing Below Tolerable Standards; and the Missing Shares Scheme
  • Assisting with homelessness prevention, e.g. domestic abuse cases, young carer leavers and prison leavers  
  • Engaging with tenants of the Council's Housing Service through tenant participation activities
  • Designing and improving housing-related services
  • Administering housing support contracts
  • Strategic lead for Housing First for access to housing support services or people with complex needs

What is the legal basis for using/sharing your information?

Processing is necessary under the terms of the UK GDPR for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller, as per Article 6(1) (e) of the UK GDPR, and the task or function has a clear basis in law. The primary legislation underpinning the work of the Housing Policy Service is the Housing (Scotland) Acts 1987, 2001, 2006 and 2014, Anti-Social Behaviour (Scotland) Act 2004, Civic Government (Scotland) Act 1982, Tenement (Scotland) Act 2004, Homeless Etc (Scotland) Act 2003.

Who will we share your information with?

We will only share your personal information where necessary to support you with the service(s) you require.  Dependent upon the service(s) that you require your data may be shared with:

  • South Ayrshire Council Services, where appropriate, e.g. Housing Operations, Environmental Health, Building Standards, Council Tax and Revenues and Benefits
  • South Ayrshire Health and Social Care Partnership
  • Scottish Government
  • Department of Work and Pensions
  • Police Scotland
  • Scottish Fire and Rescue
  • Letting, Estate Agents and Factors, e.g. Donald Ross, Rentolease
  • Registered Social Landlords, e.g. Ayrshire Housing
  • Charitable Organisations, e.g. Seascape, Ayr Housing Aid, Women's Aid, Quarriers, Blue Triangle
  • Finders Scotland
  • Scottish Prison Service relevant to homeless prisoner leaver's support
  • External Private Contractors, e.g. those chosen by you who require to carry out grant adaptations; customer satisfaction surveys, tenant and landlord newsletter
  • General Practitioner's

How long do we keep hold of your information?

We keep your personal data for no longer than reasonably necessary. Your information will be retained in line with our Corporate Records Retention Schedule as follows:

Purpose we collect your

personal data

 

Trigger - event that

prompts start of

retention period

How long we hold your

data

Private Sector Landlord Registration

From expiry of the registration

Current plus 5 years

Private Sector Leasing

From expiry of lease

Current plus 15 years

Houses in Multiple Occupation

From expiry of licence

Current plus 3 years

Empty Homes

Notification of empty property

For the period that the property is empty

Advice and Assistance provided via the Council's Scheme of Assistance

From receipt of payment of grant funding or owner's missing share

Current plus 30 years

Mixed tenure and disabled adaption grants

Date of payment

Current plus 10 years

Letting and managing a private property through the Social Letting Service

Termination of tenancy

Current plus 10 years

Homelessness prevention

Until superseded

Current plus 5 years

 

Tenant Participation

Termination of tenancy

Current plus 10 years

What are your rights?

The lawful basis for processing/using your personal data directly impacts which rights are available to you. For example, some rights will not apply, if we are processing your data under public task (Article 6 (1) (e)) we are not required to:

§  erase your personal information in certain circumstances.

§  enable the right to data portability

However, you do have the following rights and you can ask us to:

§  correct your personal information if it is inaccurate;

§  complete your personal information if it is incomplete; and

§  restrict the processing of your personal information in certain circumstances

You also have the right to object to the processing of your personal information.

What are the consequences of failing to provide personal information?

Where the provision of your information to the Council is a statutory or contractual requirement, or a requirement necessary to enter into a contract, you are obliged to provide the information. Failing to provide personal data will mean we are unable to provide advice, support and assistance to you on Housing Policy related matters.

What about Automated Decision- Making?

The Council does not use profiling or automated decision-making. Some processes are semi-automated (such as data matching for the prevention or detection of fraud), but an actual person will always be involved before any decision is reached affecting any individual.

Do you require this statement in a different format?

Please contact us if you require this information in an alternative format.

How can you get in touch with us?

If you wish to obtain any records held by the Council relating to you, or if you have any general data protection queries, please contact the Council's Data Protection Service at:

Data Protection Officer
South Ayrshire Council
County Buildings
Wellington Square
Ayr
KA7 1DR

EmailDataProtection@south-ayrshire.gov.uk 
Telephone: 01292 612 223

Are you dissatisfied with the way your Personal Information has been handled?

If you are unhappy with the way we have dealt with your personal information, you can complain to the Council's Data Protection Officer using the contact details noted above.

If you remain dissatisfied after contacting us, you have the right to complain to the Information Commissioner (https://ico.org.uk/for-the-public/):

Information Commissioner's Office - Scotland
Queen Elizabeth House
Sibbald Walk
Edinburgh
EH8 8FT

Email: Scotland@ico.org.uk
Telephone: 0303 123 1115