Council housing right to buy - privacy notice

The purpose for this processing

To assess and process applications for the Right To Buy and requests in connection with Right Of First Refusal and Deed of Postponements.

Legal basis for this processing

Article 6 Lawfulness of Processing (Section 1, (a)):

The data subject has given consent to the processing of his or her personal data for one or more specific purposes.

Article 6 Lawfulness of Processing (Section 1, (b)):

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Article 6 Lawfulness of processing (Section 1, (c))

Processing is necessary for compliance with a legal obligation to which the controller is subject

Article 6 Lawfulness of Processing (Section 1, (e)):

Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

Applicable legislation includes: Part V of the Housing Act 1985 (amended by the Housing Act 2004).

What data do we collect about you

The Council will process the personal information supplied with your Right to Buy application form to assist you with the purchase of your property

The information we will require in order to process application for the Right to Buy will include:

• Your name
• Your contact information, including telephone number, email address and address, if this is different from the leasehold property
• Date of birth
• Details of your household members who will be sharing the Right to Buy application
• Employment details
• Bank account details
• Mortgage lender details
• Financial information, including income, savings and details of any benefits you receive
• Details of anyone authorised to act on your behalf

Sometimes we'll require sensitive personal data or special categories of personal data, for example if you're asking us to use our discretionary powers on the repayment of Right to Buy discount, we may need information about your personal circumstances, such as your health.

How long do we collect your personal data

Personal information is retained in accordance with the Council’s published Corporate Retention Schedule and other legal obligations.

Who we share your data with

In the course of processing your RTB application, we will contact various departments in the Council and also forward your details to our external contractors for valuations purposes. This will enable us to:

• process your Right to Buy application
• make a decision on your application for the service you've requested
• confirm to you that changes to your personal data have been updated
• comply with the law
• seek legal advice or in connection with court proceedings or statutory action to enforce compliance with the lease or when obliged to refer cases to the First Tier Tribunal (Property Chamber) Residential Property for a decision
• for the detection and prevention of fraud

We also share personal information, as required, with the Government (Ministry for Housing Communities and Local Government) for research and statistical purposes.

We may also share our information with third parties including:

• Police
• HMRC
• Local authorities, the NHS and Primary Care Trusts
• Legal Advisors, the courts and our insurers and auditors
• Contractors providing maintenance and other housing related services
• Consultants providing services to us
• Language translation services
• Utility and telephone companies
• Mediation partner organisations
• External assistance where you have agreed to a referral, e.g. to help with money problems
• The Regulator of Social Housing
• Credit checking agencies and debt recovery agents
• A nominated third party where you have given us your permission
• Organisations to carry out payments through a secure service (e.g. to set up a direct debit)
• Financial institutions to confirm affordability
• Companies that help us mail out newsletters and other publications.

Where it is reasonably suspected that you have or may make a legal claim against the Council details may be shared with our legal service, our insurers and any third party legal advisors we engage.

We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:

• law enforcement
• fraud investigations
• regulation and licensing
• criminal prosecutions
• court proceedings

We must protect public funds and may use personal data and data matching techniques to detect and prevent fraud, collect taxes and ensure public money is targeted and spent in the most appropriate and cost-effective way. To do this, your personal data may be shared with other bodies responsible for auditing or administering public funds, including the Department for Work and Pensions, HM Revenue and Customer, the Police and other local authorities.

Your personal data will only be shared with someone we know is acting on your behalf when we have your prior consent to do this.

Where we get it from

Individuals themselves (Data subjects) and relevant third parties.

Most of this information will already be held by the Council in connection with your tenancy. Alternatively, it may be supplied with by you as part of your application to purchase the property.

We collect information when you contact us by telephone, in writing, email, submit an online form or if we meet you in person. We also obtain information relating to you, when necessary, from the Land Registry or from a consumer credit reporting agency.  We also collect information from other Council service areas, such as Council Tax.

Is any automated decision making applied

No automated decision making applies to this process.