Housing Standards team - privacy notice

Who we are

Derby City Council is the local government unitary authority for Derby city. Our address is the 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:

• Derby Homes
• Elected members
• Other local authorities
• Derbyshire Fire and Rescue Service
• Derbyshire Constabulary
• Home Office, National Asylum Support Service, Gangmasters and Labour Abuse Authority, and any other Government Departments, organisations and agencies as are appropriate
• 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 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 - the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

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
• (g) processing is necessary for reasons of substantial public interest, on the basis of domestic 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
• (f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity

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

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

• 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?

If you are a landlord of a privately rented dwelling we use the information collected to enable us to contact you in connection with Housing Standards inspections and any subsequent enforcement, contacting debtors and recovering money. We will also use your information to keep you informed on new guidance or legal requirements.

If you are a tenant of a privately rented dwelling, we will use your information to contact you in connection with Housing Standards inspections and to keep you informed of our progress when enforcing against your landlord.

We may also use the information collected to enable us to contact you and investigate complaints and requests for service. In the case of investigations, the information may be used to undertake an appropriate investigation and to fulfil our statutory duties.

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.

We may use contact details held in Council systems to ensure that we are able to contact you, and to ensure that we are working from accurate and up to date information. Such information will be accessed and processed where it is necessary to comply with our legal obligations and public tasks arising from the Coronavirus Act 2020, the Health Protection (Notification) Regulations 2010 and the Public Health (Control of Disease) Act 1984, the Care Act 2014 and associated Regulations.

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
  • 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; information about this is at https://www.derby.gov.uk/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 at https://www.derby.gov.uk/site-info/about-cookies/.

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.