Solihull Community Housing Privacy Notice
As required by the General data Protection Regulations (GDPR) this Fair Processing Notice provides details of how Solihull Community Housing (SCH) which is an Arm’s Length Management Organisation (Housing Management) wholly owned by Solihull Metropolitan Borough Council uses personal information.
Principle Activity: Management of Social Housing owned by Solihull Metropolitan Borough Council
Organisation Name: Solihull Community Housing Limited
Address: Endeavour House, Meriden Drive, Kingshurst, B37 6BX
County: West Midlands
Data Protection: assigned to SMBC Corporate Information Governance Manager
Nature of Work
Solihull Community Housing (SCH) provides a housing management service to tenants and leaseholders of Solihull Metropolitan Borough Council (SMBC) and the terms and conditions of the agreement between tenants and leaseholders and Solihull Community Housing is covered in the tenancy Agreement or Lease Agreement and is legally binding on all parties.
Most of the services provided by SCH are mandatory. This means that the Council via SCH must do them because they are under a duty to do so by law (e.g. to provide relief or prevention of Homelessness under the Homeless Reduction Act). Other services provided by SCH are optional and residents can choose whether or not to take up the service offered (e.g. the provision of Wellbeing Services which provide emergency alarms and support services for vulnerable persons).
Legal basis for Processing
1. The legal basis for processing personal information for most of the Council’s work can be found in Article 6(1)(e) General Data Protection Regulations (GDPR) where: 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;
2. The Council’s legal basis for processing most ‘special category’ personal information can be found in Article 9(2) (GDPR): (g) processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
We process personal information to enable us to provide a range of housing related
services to local people which broadly include:
- Aids and Adaptation of properties
- Anti-Social Behaviour (service provided to all residents in the Borough regardless of tenure
- Capital Improvement Works)
- Development of new affordable or social housing
- Homelessness Service
- Housing Allocations
- Internal Operations (including Corporate management; Governance; Facilities and Property management; management of community centres and financial controls)
- Money Advice Service
- Mutual Exchanges
- Income Collection (rent and leaseholder service charges) which includes management of accounts (Rent Control) and chasing debts (Arrears Management)
- Repairs and Maintenance (including granting permission to tenants for improvements)
- Right to Buy
- Tenancy and Estate Management
- Wellbeing – support services Why we need your information
Why we need your information
- We will use your personal information for a limited number of purposes and always in line with our responsibilities, where there is a legal basis and your rights under Data Protection Legislation.
We will process personal information:
- for the purpose for which you provided the information, e.g. the processing of an application to join the housing register
- to enable us to communicate with you and provide the services you need or are entitled to
- to monitor our performance in providing services to you; to gather statistical information to allow us to plan future provision of services and to obtain your opinion about our services
- to meet various legal requirements
- to enable us to perform statutory law enforcement functions for example the prevention or relief of homelessness or health and safety
- for the prevention and/or detection of crime including fraud
- to process financial transactions including grants, payments and benefits directly involving us or where we are acting on behalf of other government bodies such as Department for Works and Pensions
- for general processing where you have given your consent for us to do so
- where it is necessary to protect individuals from harm or injury
- where it is permitted under Data Protection legislation, for example, to comply with legal obligations or for us to seek legal advice or undertake legal proceedings
- We aim to always keep your information accurate and up to date. You can help us to do this at any time by letting us know if any of the information you have given us, such as your address, changes.
Type/Classes of information processed
We process a variety of information relating to the above which may include:
- personal details
- family details
- lifestyle and social circumstances
- goods and services
- financial details
- employment details
- housing needs
- visual images, personal appearance and behaviour
- business activities
- case file information
- Births and Deaths details
We may also process what is referred to as ‘special categories’ of information that may include data revealing:
- racial or ethnic origin
- religious or philosophical beliefs
- health or data concerning a natural person’s sex life or sexual orientation
Who information is processed about
The classes of personal information we process include:
- staff, persons contracted to provide a service
- medical information
- complainants, enquirers or their representatives
- professional advisers and consultants
- carers or representatives
- recipients of benefits
- people captured by CCTV images
- representatives of other organisations
- survey respondents
Who information may be shared with
What follows is a description of the types of organisations we may need to share some of the personal information we process with for one or more reasons.
Where necessary or required we share information with:
- family, associates or representatives of the person whose personal data we are processing
- healthcare, social and welfare organisations
- providers of goods and services
- financial organisations
- debt collection and tracing agencies
- service providers
- local and central government
- press and the media
- professional advisers and consultants
- courts and tribunals
- professional advisers
- credit reference agencies
- professional bodies
- survey and research organisations
- police forces
- housing associations and landlords
- voluntary and charitable organisations
- data processors
- regulatory bodies
- courts, prisons
- local and central government
- international law enforcement agencies and bodies
- security companies
- partner agencies, approved organisations and individuals working with the police,
- legal representatives, defence solicitors
- healthcare professionals
How long we will keep your information
We will not keep your information any longer than needed. The length of time will vary from service to service and will be guided by either legislation which states how long records should be retained (e.g. financial records 6 years) or by the business need to keep the information which will vary.
- It may sometimes be necessary to transfer personal information overseas. When this is needed information may be transferred to countries or territories around the world. Any transfers made will be in full compliance with all aspects of the data protection act.
At the time personal information is collected, an individual has a right to be informed about how that information will be used, including, the purpose of the processing, legal basis for the processing, the recipients and categories of recipients of the information.
Access to information
Data Protection legislation provides individuals with a right to receive a copy of information an organisation holds about them. Any requests will ordinarily be dealt with within 1 calendar month, however, this may be extended by two further months where necessary, taking into account the complexity and number of the requests received. Details on how to apply can be found here
Individual’s have a right to the rectification of inaccurate personal information concerning him or her. Taking into account the purposes of the processing, an individual has the right to have incomplete personal information completed, including by means of providing a supplementary statement.
Subject to certain conditions, a person has a right to have their personal information erased without undue delay when:
- The information is no longer necessary in relation to the purposes for which it was collected.
- The use of the information is based upon consent which has since been withdrawn and where there is no other legal grounds for the processing of the information.
- The individual objects to the processing and there are no overriding legitimate grounds for the processing.
- The information has been unlawfully processed.
- The information has to be erased for compliance with a legal obligation to which Solihull Community Housing is subject.
A person has a right to restrict the use of their personal information where one of the following applies:
- The accuracy of the personal information is contested, for a period enabling Solihull Community Housing to verify the accuracy of the information.
- The processing is unlawful and the person opposes the erasure of the personal data and requests the restriction of its use instead.
- Solihull Community Housing no longer needs the personal information but it is required by individual in question for the establishment, exercise or defence of legal claims.
- The individual has objected to the use of the information and this objection is legitimate.
- Solihull Community Housing shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal information has been disclosed, unless this proves impossible or involves disproportionate effort.
Obligations regarding rectification, erasure or restriction of processing
Solihull Community Housing will notify each recipient to whom the personal information has been disclosed, unless this proves impossible or involves disproportionate effort. Should an individual require it, the council will inform them about those recipients.
Right to Data Portability
- When the processing of personal information is carried out by automated means an individual is allowed to receive personal information concerning him or her which he or she has provided to Solihull Community Housing in a structured, commonly used, machine-readable and interoperable format. This right applies where an individual provided the personal information on the basis of his or her consent or the processing is necessary for the performance of a contract. It will not apply where processing is based on a legal ground other than consent or contract.
- It will also not apply to the processing of personal information carried out in the exercise of public duties or in the exercise of an official authority vested in Solihull Community Housing. Where technically feasible, the data subject should have the right to have the personal data transmitted directly from one controller to another.
Right to Object
A person has the right to object, on grounds relating to his or her particular situation, at any time to certain types of use of their personal. For example, the right to object to personal information being used for Direct Marketing.
Automated Decision Making
A person has a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her unless the decision :
- Is necessary for entering into, or performance of, a contract between the individual and the Council, or
- Is authorised by law which also lays down suitable measures to safeguard the individuals rights and freedoms and legitimate interests, or
- Is based on the individual’s explicit consent.
In these cases a person has a right to ask for human intervention in the decision making or to all his or her point of view to be presented and to contest the decision.
Automated decisions will not be made that involve a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying person, data concerning health or data a person’s sex life or sexual orientation unless:
- The individual has provided their explicit consent, or
- Processing is necessary for reasons of substantial public interest and based upon a law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of individuals.
Report Concerns to the Regulator
If you have a concern about the way your information is being used you have a right to contact the Information Commissioner’s Office (ICO). The ICO is the UK’s independent body set up to uphold information rights.
Information Commissioner’s Office
Telephone: 0303 123 1113 (local rate) or 01625 545 745 (national rate).