Private Sector Housing Privacy Notice
Privacy Notice for Private Sector Housing
We aim to improve the standard of private sector properties through grant assistance, enforcement action, education and advice.
Most of the personal information we hold about you is provided by you. The information collected and held will vary and depend on the nature of the service. If you choose not to provide us with the information we ask for, in many cases, we will not be able to provide you with the service.
Processing activity - we will process personal information relating to:
- inspecting private residential accommodation
- issue of improvement notice(s)
- making prohibition order(s)
- taking emergency remedial action
- making emergency prohibition orders
- licencing and inspection of properties in multiple occupation (HMOs)
- licensing of caravans, camping sites and mobile homes
- advice to landlords and private sector tenants
- help and assistance to return empty properties to residential use
- administering disability facilities grant
- administering discretionary assistance
- energy savings advice
- landlords’ forum
- property accreditation scheme application process for single homes and HMOs
- housing options for people with disabilities
- housing condition reports for immigration purposes
- record of fee payments (excluding bank/credit card details)
- applying for banning order(s) (rogue landlords and letting agents)
- applying for rent repayment order(s) (rogue landlord(s) and letting agents)
Information requirements - our processing activities may include:
- your name
- date of birth
- unique identifiers (such as National Insurance Number)
- change of circumstance details
- medical and welfare details
- housing needs’ assessment(s)
- GP/support worker details
- carer details
- satisfaction surveys
- other occupants in your home (including children)
- call recording
- property ownership
Lawful bases1- our lawful bases for processing your personal information are:
- our legal obligation(s) under the Caravan Sites and Control of Development Act 1960
- our legal obligation(s) under the Protection from Eviction Act 1977
- our legal obligation(s) under the Home Energy Conservation Act 1995
- our legal obligation(s) under the Housing Grants, Construction and Regeneration Act 1996
- our legal obligation(s) under the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002
- our legal obligation(s) under the Licensing and Management of Houses In Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006
- our legal obligation(s) under section 85 Local Government Act 2003
- our legal obligations(s) under the Housing Act 2004
- our legal obligation(s) under the Housing & Planning Act 2016
- our legal obligation(s) under the Climate Change Act 2008
- our legal obligation(s) under the Energy Performance of Buildings (England and Wales) Regulations 2012
- our legal obligation(s) under the Mobile Homes Act 2013
- our legal obligations under the Smoke And Carbon Monoxide Alarm (England) Regulations 2015
- our legal obligation(s) under the Digital Economy Act 2017
- necessary to protect your or another person’s vital interests
- necessary for the performance of a task in the public interest or in the exercise of official authority vested in us in accordance with the legislation referred to above and the General Power of Competence (Localism Act 2011 s1) combined with section 111 Local Government Act 1972
- legitimate interests - (we can use ‘legitimate interests’ if we can demonstrate that the disclosure of personal data to Kent Fire Rescue Services (KFRS) is for purposes other than for performing our tasks as a public authority). In this context, our objectives are to enable KFRS to take steps necessary protect our vulnerable residents from fires and death or injury by fire pursuant to KFRS’s powers under section 6 of the Fire and Rescue Act 2004 and section 2 of the Civil Contingencies Act 2004. The disclosure of personal data is justified on the basis of not only our legitimate interest, but also that of KRFS’s legitimate interest in receiving the data. We have a Legitimate Interests Policy that sets out how this information will be handled.
Reasons for processing - some of the information that is collected and shared is classified as:
- special category personal data (including physical or disability);
- criminal convictions and offences (including alleged offences).
This is processed for reasons of substantial public interest under the laws that apply to us (see above) where this helps to meet our broader social obligations such as where it is necessary for us to fulfil our legal obligations and regulatory requirements. We have a Data Protection Policy that sets out how this information will be handled.
Data processor - we use a number of external service providers to deliver our services such as loft/cavity insulation, collective switching scheme and handy persons. These companies are data processors for us and only process personal information in line with our instructions.
Data sharing - your information may be shared with and/or obtained from:
- housing associations
- external service providers
- Kent Fire & Rescue Service (safe and well visits)
- National Rogue Landlords Database
- local authorities
- Border Force
- Kent County Council (safeguarding)
- Mortgage providers
- DFG Agents (disability facilities grants)
- EE installers
- Energy Suppliers and service providers (fuel poverty schemes)
- providers of contracted services for the collective switching scheme referrals
- elected Councillors and/or Member of Parliament
- Darent Valley Hospital
- home support (works in default and handy person assistance)
- private sector landlords
- lettings agents
- friends and relatives you and your household may have been living with
- voluntary sector organisations
multi-disciplinary teams ie: a group of professionals from one or more clinical disciplines who together with local authorities and other support agencies to provide practical assistance for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such assistance
We may rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and obligations under the Data Protection Act 2018. Please refer to the Kent and Medway Information Agreement for further details on our sharing arrangements.
Retention period - we keep your personal information for the minimum period necessary. The information outlined in this Privacy Notice will be kept in accordance with the retention periods referred to in our Information Asset Register (Private Sector Housing). All information will be held securely and disposed of confidentially.
Anonymisation - your personal information may be converted ('anonymised') into statistical or aggregated data in such a way that ensures that you cannot be identified from it. Aggregated data cannot, by definition, be linked back to you as an individual and may be used to conduct research and analysis, including the preparation of statistics for use in our reports.
Right to object - where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. We will have to demonstrate why it is appropriate for us to continue to use your personal data.
Changes to this Privacy Notice - we review this Privacy Notice regularly and will place updates on our website.
Please refer to our Corporate Privacy Notice for further details of how we process your personal information and for details on your additional rights.
1 Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information
GDPR Privacy Notice Private Sector Housing