Asset Management and Community Asset Transfer privacy notice

Where you contact the Council with a request for Community Asset Transfer (CAT); or to take part in consultation exercises related to Common Good assets or other Asset Management Consultations, we require to gather and review your personal information to enable us to provide this service.

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?

To support public engagement and consultation in relation to Asset Management and Community Asset Transfer we require to collect your personal data.  The personal data we routinely collect through this process includes:

• Name
• Address (including your postcode)
• Email address
• Home/mobile telephone number

How will we use your information?

We will use your personal information to

• Support the Council's assessment and determination of Community Asset Transfer requests. 
• Support the public consultation process for the disposal or change of use of Council assets, including Common Good assets.
• Contact you regarding these matters.

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

The legal basis for processing your information is that 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) UK GDPR.  The law underpinning the provision of Community Asset Transfer and disposal and use of Common Good property is within the Community Empowerment (Scotland) Act 2015. The legislation underpinning the processing of consultation data is within Part VI of the Local Government (Scotland) Act 1973.

Who will we share your information with?

To comply with legislation, the Council has a requirement to publish Community Asset Transfer documents and consultation representations in the public domain.

We may also share your information with relevant Council officers who are involved in both above processes, but we will not share your personal data with any third parties.

Any analysis of consultation data will be undertaken on an anonymised basis and may be retained by the Council for permanent preservation.

How long do we keep hold of your information?

Your information will be retained in line with our Corporate Records Retention Schedule. 

• For 5 years where it relates to an asset worth £50,000 or less.
• For 20 years where it relates to an asset worth over £50,000

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.
• 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 and the right to access your personal information.

What are the consequences of failing to provide personal information?

Failure to provide this information for:

• Community Asset Transfer - may result in an incomplete or delayed process, or your representation not being considered.
• Common Good Consultations and other Asset Management consultations - your representation not being considered as part of the process.

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
Information Governance Team
Legal & Democratic Services
County Buildings
Wellington Square
Ayr
KA7 1DR

Email: DataProtection@south-ayrshire.gov.uk
Telephone: 01292 612223

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
45 Melville Street
Edinburgh
EH3 7HL

Email: scotland@ico.org.uk
Telephone: 0131 244 9001

If you have no internet access

Please contact us at the above postal address or telephone number if you wish to have copies of any of the above information and you do not have access to the internet. We will endeavour to let you have hard copies of the information.