The following information explains how and why we use your personal information in our Private Sector Housing team.
Data Controller
Waverley Borough Council is registered as a Data Controller with the Information Commissioner's Office (ICO). Our registration number is Z5031756.
What information is collected?
- Contact details (including name, address, telephone numbers and email address)
- Date of birth
- Special category data (including gender, ethnicity, criminal history)
- Financial information (including bank account details and transactional data)
- Information about medical or health conditions (including whether you have a disability or support needs)
- Information about the property you live in and your housing history
- Property ownership details, whether freehold or leasehold
What is the legal basis for processing your data?
Our lawful basis for processing your personal data is ‘legal duty’ and ‘public task’.
The ‘legal duty’ arises because the Council’s private sector housing team needs to process the personal data to comply with its overall purpose to comply with a legal obligation to:
- assess housing conditions and amenities.
- deliver the Council’s housing licensing services.
- keep a register of licensed properties.
- deliver statutory duties, such as dealing with hazardous housing conditions, statutory nuisances and public health hazards.
Data processing is necessary for compliance with legal obligations primarily (but not exclusively) under the following legislation:
- Housing Acts 1985 and 2004
- Housing and Planning Act 2016
- Public Health Acts 1936 and 1961
- Environmental Protection Act 1990
- Protection from Eviction Act 1977
- Prevention of Damage by Pests Act 1949
- Caravan Sites and Control of Development Act 1960
- Local Government (Miscellaneous Provisions) Acts 1976 and 1982
- Anti Social Behaviour, Crime and Policing Act 2014
We also process a special category of personal data, namely character and criminal conviction data. This is necessary to assess whether persons in control of or managing properties are fit and proper persons. Criminal conviction data is obtained from persons by self-declaration and, if necessary, from the Disclosure and Barring Service for offences involving:
- Fraud/dishonesty/violence/drugs or certain sexual offences
- Unlawful discrimination on the grounds of sex, colour, race, ethnic or national origins, disability in connection with the carrying on of any business
- Contravention of any housing/landlord and tenant/planning legislation
We process this information to exercise official authority (e.g. public functions and powers set out in law) and because there is a substantial public interest for us to process it.
The ‘public task’ basis arises because the Council’s private sector housing service need to process personal data to perform specific tasks in the public interest that are set out in law. Examples are set out in the next section ‘why do we collect your personal information’.
Why do we collect your personal information?
We use this information to:
- Provide advice and guidance to landlords and tenants with the aim of improving housing conditions and the prevention of homelessness
- Process licence applications for Houses in Multiple Occupation (HMOs) and determining whether the proposed licence holder is a fit and proper person to operate a licensable HMO
- Maintain a public register of licensed HMOs as required by the Housing Act 2004 and its related Statutory Instrument
- Protect residents from unlawful eviction
- Deliver government or Council priorities such as reducing overcrowding, improving energy efficiency and returning empty dwellings to occupation
- Monitor services to ensure they are delivered in a fair and equitable way, to support future service delivery and to provide statistical data for statutory returns and compliance purposes
HMO Register
Housing Act 2004 section 232 states that every local housing authority (i.e. the Council) must maintain a register of licences for HMOs licensed under Part 2 of that Act and houses and flats licensed in areas designated for Selective Licensing under Part 3. The register must contain prescribed particulars, which include the name and address of the licence holder and the property manager. Registers must be made available for inspection and a copy of the register (or an extract) must be supplied, subject to payment of a fee, on request.
The council will make names and addresses of licence holders and property managers publicly available as part of the HMO Register on request and will provide copies of the Register on payment of a fee.
Rogue Landlords Database
The national government maintains a public register of landlords and agents convicted or who receive financial penalties for certain housing related offences. The Council will supply names and addresses of landlords and agents, together with details of the offences, to this database when it is appropriate to do so. There is a right to make representations on a case-by-case basis. Publication decisions will be made on the basis of fairness and public interest and will not be made maliciously.
Who do we share your data with?
Your information will be shared with other departments the council to assist us with our legal duties and to help us to deliver the service to you. We will also share personal information with law enforcement or other authorities if required by law, such as:
- Other local and county authorities (Fire and Rescue Service, Adult and Children’s Social Care Teams and relevant housing, employment and other services)
- Central Government
- Specified anti-fraud organisations
- The police
- HM Court services
- HM Revenue & Customs
- Department for work and pensions
- Health authority, general practitioners
- Housing associations
- Other third-party organisations, as allowed by law
- Other partner agencies that provide services on our behalf
We will not share data with third parties for marketing purposes.
How long will we keep your personal data?
We will only keep your information for as long as is required by law and to give you the service you need.
What rights do you have?
The General Data Protection Regulations give you several rights to control the personal information we process and how we use it. You can find further details on our Main Privacy Notice.
How can I access the information you hold about me?
To request information that we hold about you please visit our Subject Access Request (SAR) online page or contact us via an email to DPO@waverley.gov.uk or in writing to the Data Protection Officer, Waverley Borough Council, The Burys, Godalming, Surrey, GU7 1HR.