Data Protection and Lawful Basis
Information will only be used by Sussex Homemove and its employees in accordance with “Data Protection Legislation”
“Data Protection Legislation” means the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Regulation of Investigatory Powers Act 2000, the Investigatory Powers Act 2016, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and from 25 May 2018 the General Data Protection Regulation, and any supplementary legislation or regulations which may come into force.
We will be processing your personal data under Section 8 c of the Data Protection Act 2018, which permits data to be processed in the public interest for a function conferred on a person under an enactment or rule of law. We advise that the Council’s social housing function is established under the Housing Act 1996.
In some cases, we may need to collect, use and share special category (sensitive) information about you in order to prioritise your application to move homes and to nominate you to a housing provider. In these cases, we will do so in accordance with the General Data Protection Act, Article 9(2)(g) and the substantial public interest conditions set out as follows:
- The Data Act 2018, Schedule 1, Part 2 Para 6 [Statutory etc. and Government Purposes] and Schedule 1, Part 2, Para 16 [Support for individuals with a particular disability or medical condition]
Where there is an indication that information you provide as part of your application to Homemove may be fraudulent, the data may be used as part of an investigation under the General Data Protection Regulation, Article 9(2)(g) and the Data Protection Act 2018, Schedule 1, Part 2, Para 14 [Prevention of Fraud] Sussex Homemove will not supply information to any other organisation or individual except to the extent permitted by the Data Protection Legislation and which is required or permitted by law in carrying out any of its proper functions.
We will only ask for personal information that is necessary to enable us to deliver our services in compliance with our legal duties under, including but not limited to, relevant health and safety regulations, Housing Acts 1985, 1988, 1996, and 2004, the Homelessness Act 2002, Landlord and Tenant Act 1985, Commonhold and Leasehold Reform Act 2002, Housing and Planning Act 2016, Homelessness Reduction Act 2017, Children Acts 1989 and 2004, Equality Act 2010, Human Rights Act 1998 and any associated regulations, statutory guidance and codes of guidance.
Why we need it
We use your data to:
- make housing decisions and provide housing services to the residents, landlords and tenants of the borough
- carry out specific functions for which we are responsible for, e.g., administration of Right to Buy applications and provision of adaptations
- enable us to comply with our statutory duties e.g.
- preventing tenancy fraud and illegal subletting
- protecting public funds,
- recovering debt
- preventing or detecting crime/fraud
- law enforcement, criminal prosecutions and court proceedings
- regulation and licensing
- produce statistics and reports to research and plan new services. Statistics are used in such a way that individuals or families cannot be identified from them.
- monitor, evaluate and review the quality of our services
- comply with government department research and statistical returns
- deliver national government programmes and initiatives
- account for our decisions and investigate complaints
- assess performance and targets
- inform targeted support and homelessness services to adults, young people and families who are most in need and at risk of harm or abuse
- help you to access the correct services
- some of the services we provide are optional: in that case, we will only process your information and provide the service if you have asked us to do so
What we do with it
We may share information about you to third parties where permitted or required by law to do so for all lawful purposes as specified in this notice:
- other teams in the council of application so they can carry out their statutory roles and support our service.
- third party / service delivery partners who deliver these services on our behalf
- multi-agency risk assessment conference (MARAC) that carries out safety planning for high-risk victims of domestic abuse. It brings together the police, independent domestic violence advisers, children’s social services, health, social landlords and other relevant agencies.
- emergency services (e.g. treatment centres, hospitals in their function of providing in patient care)
- government departments e.g. Department for Work and Pensions, HM Revenue and Customs, Home Office
- other local housing authorities
- banks or organisations that lend money
- social housing providers
- private rental landlords and/or housing companies
- estate agents and/or property management companies
- credit reference agencies
- police and fraud prevention agencies
- HM Courts and Tribunals System
- solicitors and other advocates
- your lawyer or representative (if you have instructed one)
Staff in each area will only access the personal information that is essential to carry out their work and statutory functions but may share data between the respective teams where this is necessary to provide you with services.
All organisations we pass your information to will have an information-sharing agreement with us to ensure they meet the standards of the GDPR and the Data Protection Act 2018, and will be covered by a legal basis allowing them to collect, use and share your personal information. How long we keep it
We will keep your data for 6 years from the date of a decision or the end of a review process, unless it is an active application. Incomplete applications will be kept for 10 days.
What are your rights?
Sussex Homemove is committed to upholding your rights in respect of your personal data.
The right to be informed
Through the provision of our suite of privacy notices, we will be open and transparent about how and why we use your personal information.
The right of access
You have a right to ask us what personal information we hold about you and to request a copy of your information. This is known as a ‘subject access request’ (SAR). SARs need to be made in writing (we have a subject access form you can use for this purpose), and we ask that your written request is accompanied by proof of your address and identify. If you are seeking to obtain specific information (e.g. about a particular matter or from a particular time period), it helps if you clarify the details of what you would like to receive in your written request.
If someone is requesting information on your behalf, they will need written confirmation from you to evidence your consent for us to release this and proof of ID (both yours and theirs). In response to SARs, we will provide you with a copy of the information we hold that relates to you and your application.
The right to rectification
You can ask us to rectify your personal data if it is inaccurate or incomplete. Please help us to keep our records accurate by keeping us informed if your details change. The right to rectify may be subject to the presentation of evidence in some circumstances.
The right to erasure
The right to erasure is also known as ‘the right to be forgotten’. In some circumstances, you can ask us to delete or remove personal data where there is no compelling reason for its continued processing. This is not an absolute right, and we will need to consider the circumstances of any such request. Where there remains a lawful basis for processing of the data, we will not be in a position to agree to erasure requests.
The right to restrict processing
In some circumstances you can ask us to restrict processing, for example
- if you disagree with the accuracy of personal data
- if you would like us to restrict processing whilst you seek legal advice.
Contacting us.
If you would like to talk to us about your rights or about how your personal data has been processed please contact the relevant local authority Data Protection Team below:
Adur & Worthing Council
Telephone: 01903 239999
Email: [email protected]
Brighton & Hove City Council
Telephone: 01273295959
Email: [email protected]
If you are unsatisfied with the response from our Data Protection Team you can escalate your complaint to our Data Protection Officer through our Data Protection Portal
Chichester District Council
Telephone: 01243 534734
Email: [email protected]
Mid Sussex District Council
Telephone: 01444 477422
Email: [email protected]
If you are not satisfied with our response or believe, we are not processing your personal data in accordance with the law you can complain to the Information Commissioner’s Office (ICO).