Supported Exempt Accommodation team - privacy notice

Who we are

Derby City Council is the local government unitary authority for Derby City. Our address is Council House, Corporation Street, Derby, DE1 2FS. You can contact our Data Protection Officer on 01332 640763 or by email at data.protection@derby.gov.uk.

This privacy policy states how and when we use any personal information in order to be able to assist you with your request or if you are a landlord to enable us to assist where we can or investigate fully and enforce as necessary in connection with living conditions in private rented property. Some of this information will be recorded and stored on our systems.

How do we collect information from you?

We collect information from you when you visit www.derby.gov.uk, when you fill in any forms using our customer portals or on our website, including myAccount; also when you contact us in writing, speak to us on the phone, by email or any other type of electronic communication, or talk to us face to face. We may collect information from a setting you attend, such as a school or care home, where this data collection is necessary for the following purposes listed.

What types of information do we collect from you?

We collect different categories of information about you, depending on the service you want from us and/or the reason why we need to process information relating to you. This could be personal information (for example your name and address), or other more sensitive data that we would only collect and use in very particular circumstances that are set out in law.

Details of information obtained from third parties

We receive information and referrals that include personal data from a wide range of sources including:

• Other Council departments like the Housing Benefits team, Adult Social Care and Housing standards (this list is not exhaustive)
• Derby Homes
• Police
• Department for Work and Pensions , Home Office, National Asylum Support Service, HM Revenues & Customs, Department for Levelling up Housing and Communities, National Health Service , the Prison Service, the Probation Service and any other Government Departments, organisations and agencies as are appropriate
• Elected members
• Other local authorities
• Derbyshire Fire and Rescue Service
• Derbyshire Constabulary
• The National Anti-Fraud network (NAFN)
• Banks and Building Societies
• Landlords, agents, and appointees
• Employment Agencies
• Employers
• Schools
• Medical practitioners
• NHS Track and Trace Service
• Members of the Public
• Anyone you give us permission to speak to on your behalf such as housing associations or utility companies.

We also receive similar information from independent care providers and voluntary/third sector organisations such as:

• Care homes
• Care providers
• Housing associations
• Faith groups.

We may also obtain and use publicly available data sources wherever it is appropriate to do so for the processing of your data as allowed by law, including for the detection, prevention, and prosecution of crime.

What is the lawful basis?

The legal basis for data processing we are relying on comes from Article 6 of the UK General Data Protection Regulations (UK GDPR). The following sections apply;

• Article 6(1)(c) Legal Obligation - Processing is necessary for compliance with a legal obligation to which the controller is subject;
• Article 6(1)(e) Public task - 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.

We may also ask for your consent in certain circumstances in accordance with:

Article 6(1)(a) - the data subject has given consent to the processing of his or her personal data for one or more specific purpose.

We rely on the following conditions as per Article 9(2) of the UK GDPR:

• (a) the data subject has given explicit consent to the processing of those personal data for one or more specified purposes
• (f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity
• (g) processing is necessary for reasons of substantial public interest and is authorised by domestic law (see section 10 of the 2018 Act)
• processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the applied GDPR (as supplemented by section 19 of the 2018 Act) and is authorised by domestic law (see section 10 of that Act).

If we have asked for your consent, you will be able to opt out any time by emailing sea@derby.gov.uk.

We process all information in accordance with our legal obligations and public tasks arising from the following statutory powers:

• Housing Benefit (General) Regulations 1987
• Supported Housing (Regulatory Oversight) Act 2023 Section 11
• The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012 Sections 131 to 133
• Local Government Finance Act 1988, as amended
• Social Security Administration Act 1992
• Welfare Reform Act 2007
• UK General Data Protection Regulation 2021
• Data Protection Act 2018
• Section 54A of the Modern Slavery Act 2015
• The Local Audit and Accountability Act 2014
• The Human Rights Act 1998
• The Safeguarding Vulnerable Groups Act 2006
• The Mental Health Act 2007
• The Health and Social Care Act 2008
• The Local Authority Social Services and National Health Service complaints (England) regulations 2009
• The Autism Act 2009
• The Equality Act 2010
• The Protection of Freedoms Act 2012
• The Care Act 2014
• The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021
• Regulation of Investigatory Powers Act 2000
• Housing Act 1985
• Housing Act 2004
• Housing and Planning Act 2016
• Building Act 1984
• Public Health Act 1936
• Public Health Act 1961
• Environmental Protection Act 1990
• Local Government, Miscellaneous Provisions, Act 1976
• Local Government, Miscellaneous Provisions, Act 1982
• Prevention of Damage by Pests Act 1949
• The Consumers, Estate Agents and Redress Act 2007 - The Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014
• The Energy Act 2011 - The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
• The Energy Act 2013 and Housing Act 2004 -The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
• Protection from Eviction Act 1977
• The Landlord and Tenant Act 1985
• The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020
• Public Health (Control of Diseases) Act 1984
• Coronavirus Act 2020

How is your information used?

We may use your information to:

• Provide the Housing Benefits department with information relating to Specified Accommodation Housing Benefit claims
• Investigate referrals around support provision in Supported Exempt Properties
• Investigate referrals around Housing Standards issues in supported exempt properties
• Provide statistical data to the Department for Levelling up, Housing and Communities
• Reduce pressure and resource on Adult Social Care and the Housing Options team
• Increase the number of properties that meet the decent homes standard and or are compliant with HHSRS legislation
• Reduce pressure on the Public Protection Service through a reduction in ASB in the community
• Improve the local authority’s oversight and local data relating to SEA provision in the city. 

COVID-19/Coronavirus

Coronavirus has been added as a notifiable disease under the Health Protection (Notification) Regulations 2010. Under the Public Health (Control of Disease) Act 1984 and associated Regulations; the Council has a legal duty to store, process and share personal information. The information will be stored, processed and shared as part of investigations into COVID-19 cases and outbreaks and issues of non-compliance with the acts and associated regulations. The information will also be used; interrogated and mapped to inform the Councils actions and decision-making processes. Any such storage, processing or sharing of information will be done in the public interest in order to promote health and wellbeing.

During the investigation of cases and/or outbreaks of Coronavirus, information which is gathered may be shared between departments within Derby City Council; with other Councils associated with an outbreak; other health services or with other government bodies associated with the control of the Coronavirus. The Council has a duty to notify national Government bodies, such as the UK Health Security Agency and the relevant local authority where an individual resides (if different), where there are suspected Coronavirus cases. The Council will disclose the information under Article 9(2)(j) of the UK GDPR (processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health), and confidential information may be lawfully disclosed in the public interest, without consent, where the benefits to an individual or to society outweigh both the individual’s and the public interest in maintaining the confidentiality of such data.

The Council may contact staff, service users, residents, patients, businesses and premises with messages relating to Coronavirus by text, phone, letter or email. This contact is not direct marketing; therefore we do not need your Consent before contacting you. There is more information available on the Information Commissioners Office's website.

Research and statistics

Anonymised and pseudonymised data may be used for research and statistical purposes. Any data collected may be used for research and statistical purposes that are relevant and compatible with the purpose that the data was collected for.

Who has access to your information?

We do not share your information with anyone else unless we are required to do so by law or it is necessary to provide our services to you. We may share your information with the following:

• Internal:
  • Building Control – we may pass on information to enable them to meet their statutory obligations.
  • Environmental Protection – if your enquiry concerns issues that our colleagues may be able to assist you with, for example, defects to underground main house drains, noise nuisance or waste control.
  • Food and Safety Team – we will pass on information to enable them to meet their statutory obligations in food premises.
  • Trading Standards – we will pass on information to enable them to meet their statutory obligations.
  • Land Charges – we share information with land charges if we serve a legal notice and if we incur costs after carrying out work in default of an owner of a rented property.
  • Planning and Development Control – we may need to pass on information, for example in relation to a new business or HMO, where there may be planning implications.
  • The Empty Homes Team – we will pass on information when we discover long term empty dwellings
  • The Healthy Housing Hub – we will share information when our services overlap which is likely when the Hub make a referral to Housing Standards or vice versa.
  • Social Care Teams - we will share information when our services overlap which is likely to be for safeguarding purposes or to carry out a task in the public interest.
  • Council Tax Teams – we will share information to enable them to meet their statutory obligations
  • Housing Benefit Teams - we will share information to enable them to meet their statutory obligations
  • The Counter Fraud Team - we will share information to enable them to investigate fraudulent activities at residential premises
    o  The Cohesion and Integration Team – we share information when joint investigations take place.
• External:
  • Derbyshire Fire and Rescue – we may share information if possible fire safety issues arise during the course of a visit.
  • Health and Safety Executive – we may share information, in connection with a gas safety issue at residential premises.
  • HM Revenues and Customs - we share your information to meet their statutory obligations.
  • Derbyshire Constabulary – we may share information, in connection with joint investigations.
  • The Immigration Enforcement Officer at the Home Office – We share information when we suspect immigration offences are occurring at dwellings we have visited.
  • Gangmasters and Labour Abuse Authority - We share information when we suspect offences are occurring at dwellings we have visited.
  • Direct Help and Advice – we sometimes share information when they are acting for a tenant and conversely when we are taking action against a landlord
  • Western Power Distribution (Electric) and National Grid (Gas) – we sometimes share information when we suspect the supply has been tampered with or there is illegal extraction taking place
  • Marches Energy Action - we may share information in regards to energy efficiency of properties

We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.

What are your rights?

• Access – you can request copies of any of your personal information that is held by the Council.
• Rectification – you can ask us to correct any incorrect information.
• Deletion – you can ask us to delete your personal information. The Council can refuse to delete information if we have a lawful reason to keep this.
• Portability – you can ask us to transfer your personal data to different services or to you.
• Right to object or restrict processing – you have the right to object to how your data is being used and how it is going to be used in the future.
• Right to prevent automatic decisions – you have the right to challenge a decision that affects you that has been made automatically without human intervention, for example an online form with an instant decision.

How long will we keep your information for?

We keep and dispose of all records in line with our record retention schedule. We will comply with Data Protection legislation.

What security precautions are in place to protect the loss, misuse or alteration of your information?

We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the information you provide to us. However, we cannot guarantee the security of any information you transmit to us. We recommend that you take every precaution to protect your personal information.

Keeping your data up to date

We want to ensure any information we hold is accurate. You can help us by promptly informing us of any changes to the information we hold about you.

Cookies

Cookies are small text files which identify your computer to our servers. They are used to improve the user experience. View what cookies we use and how you can manage them.

IP addresses

Internet Protocol (IP) addresses are collected when our site is used:

• for statistical/analytical purposes
• to identify any malicious activity.

Complaints

If you would like to make a complaint regarding the use of your personal data you can contact our Data Protection Officer:

• By post: Information Governance, Council House, Corporation Street, Derby, DE1 2FS
• By phone: 01332 640763
• By email: data.protection@derby.gov.uk

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner's Office (ICO):

• By post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• By phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Alternatively, visit ico.org.uk or email casework@ico.org.uk.