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Housing Services privacy notice

Read the privacy notice for Housing Services.

When you are accessing or applying for services provided by Housing 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 how Housing Services uses your personal data 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 may include:

  • Name
  • Date and place of birth
  • Address
  • Land line telephone number
  • Mobile telephone number
  • Email
  • Gender
  • Disability
  • Health conditions
  • National Insurance number
  • Criminal convictions

How will we use your information?

The information will be used to manage all housing related matters. We will collect personal data in order to oversee the provision of housing advice and services.

South Ayrshire Council is responsible for:

  • Letting, managing and maintaining the Council's housing stock
  • Processing housing application/mutual exchange requests
  • Maintaining the statutory homelessness service.
  • Providing Housing services to Council tenants, leaseholders, sheltered housing and temporary accommodation residents
  • Carrying out day to day repairs (maintenance programmes) including providing a gardening maintenance scheme
  • Carrying out major repairs
  • Dealing with general enquires and complaints including complaints about antisocial behaviour
  • Processing rent payments
  • Processing home content insurance for housing clients
  • Processing Redecoration allowance/housing loss payments

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

The legal basis is it is necessary 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. This is because we have a duty under the Housing (Scotland) Acts 1987 and 2001, the Homelessness etc. (Scotland) Act 2003 and the Antisocial Behaviour etc. (Scotland) Act 2004 to provide housing services. 

Special category data and criminal convictions

For some activities, we also need to process more sensitive personal information about you known as special category data, for example health information and criminal convictions data. Processing is necessary for reasons of substantial public interest as set out in Article 9(2) (g) of the UK GDPR and meets a condition in Part 2 of Schedule 1 of the Data Protection Act 2018.

Who will we share your information with?

Where necessary your information will be shared with:

 

  • Police Scotland
  • Department of Works and Pensions
  • Governing bodies
  • Housing Support Agencies
  • Council appointed contractors
  • Scottish Courts
  • Sheriff Officers
  • Regulatory bodies
  • NHS
  • Scottish Prison Services
  • Registered Social Housing Landlords
  • Home Swapper, Mutual Exchange Platform (in the event you choose to engage with Home Swapper to support your request for a mutual exchange)
  • Other Council Services, as appropriate

When you sign your tenancy agreement for your property we will share your name and address with our power supplier to enable them to transfer the billing of future utilities to you.

We may also share your personal data with the Ayrshire Valuation Joint Board. Under the powers of Section 35 of the Representation of the People (Scotland) Regulations 2001 the Electoral Registration Officer (ERO) for South Ayrshire is entitled to inspect information for the purpose of their registration duties.  Accordingly, any change of address information following changes to your Council tenancy will be shared with the Ayrshire Valuation Joint Board (the AVJB) on behalf of the ERO for this purpose.  Further information on how your personal data is used by the ERO and the AVJB can be found at: About Us - Ayrshire Valuation Joint Board (ayrshire-vjb.gov.uk)

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

Letting, managing and maintaining the Council's housing stock

Termination of tenancy

Current plus 10 years

Processing housing application/mutual exchange requests

Date of decision

Successful applications 10 years after termination of tenancy

 

Date of decision

Unsuccessful or withdrawn applications held current plus 10 years

 

Date superseded

Home exchange requests current only

Maintaining the statutory homelessness service.

Termination of tenancy


Application unsuccessful and person does not get permanently housed

Application successful file transfer to tenant file. Current plus 10 years

Current plus 10 years

Providing Housing services to Council tenants, leaseholders, sheltered housing and temporary accommodation residents

Date of last action

Date of last action

Temporary accommodation current plus 5 years

Sheltered housing current plus 7 years

Carrying out day to day repairs (maintenance programmes) including providing a gardening maintenance scheme

Date of notice

Date of last action

Date of last action

Repairs current plus two years

Maintenance work current plus 5 years

Gardening scheme current plus five

Housing repairs

Date of last action

Date of last action

Major repairs (over £50,000) current plus 10 years

Minor repairs (under £50,000) current plus 5 years

Dealing with general enquires and complaints including complaints about antisocial behaviour

Date of last action

Enquiries current plus 1 year

Complaints current plus 5 years

Processing rent payments

Date closed

Current plus 7 years

Processing home content insurance for housing clients

Date closed

Current plus 7 years

Processing Redecoration allowance/housing loss payments

Date closed

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, in this case we are not required to:

  • erase your personal information.
  • enable the right to data portability

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

  • correct your personal information if it is inaccurate;
  • complete your personal information if it is incomplete;
  • 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 about Automated Decision- Making?

Our services does not use automatic decision making.

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.  If the required information is not provided then housing advice and services may be limited.

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                  EmailDataProtection@south-ayrshire.gov.uk 

South County Buildings                Telephone: 01292 612 223

Ayrshire Council

Wellington Square

Ayr

KA7 1DR

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               Email: Scotland@ico.org.uk

Queen Elizabeth House                        Telephone: 0303 123 1115