Leasehold Services & RTB Privacy Notice

Learn how your personal data is used in leaseholder services.

Portsmouth City Council ("the Council", "we", "us") is the data controller for the personal information described in this notice. We are registered with the Information Commissioner's Office (ICO) (Registration Number Z5578313).

This privacy notice explains how Portsmouth City Council collects, uses, shares, stores and protects personal information relating to leasehold services and Right to Buy (RTB) services.

Who we are and how to contact us

Data Controller: Portsmouth City Council (Registration Number Z5578313)
Address: Civic Offices, Portsmouth, PO1 2AL
Data Protection Officer Email: DataProtection@portsmouthcc.gov.uk
Telephone: 023 9282 2251

If you have questions about this notice or want to exercise your data protection rights, contact the Data Protection Officer using the details above.

Who this notice applies to

This notice applies to:

  • Leaseholders of Portsmouth City Council properties
  • Right to Buy applicants
  • Former leaseholders where records must be retained
  • Joint leaseholders and authorised representatives
  • People receiving leasehold management services from the Council

The personal information we collect

We may collect:

  • Name, address and date of birth
  • Contact details, including telephone numbers and email addresses
  • Lease and property ownership information
  • Right to Buy application information
  • Payment and Direct Debit details
  • Financial information relating to service charges and leaseholder accounts
  • Details of next of kin, authorised representatives or people you wish us to contact
  • Records of correspondence, emails, letters and telephone calls

We may also collect information relating to:

  • Family and household circumstances
  • Financial circumstances
  • Housing needs
  • Health, social care or support needs where relevant to the services being provided
  • Information supplied by professionals or organisations involved in supporting you

Special Category Data

In some cases, leasehold services may process information relating to health, disabilities or support needs where relevant to delivering services or meeting legal obligations. We only process this information where the law allows and with appropriate safeguards in place.

Where we get your information from

We obtain information:

  • Directly from you through applications, correspondence, telephone calls and meetings
  • From other Council services
  • From mortgage providers, solicitors and legal representatives
  • From housing providers and public authorities where relevant and lawful
  • From organisations acting on your behalf

How we use your information and our lawful bases

We use personal information to:

  • Meet the conditions of your lease agreement
  • Process and manage Right to Buy applications
  • Deliver leasehold services
  • Manage leaseholder accounts and records
  • Manage licences and permissions relating to leasehold properties
  • Arrange and manage planned and responsive repairs
  • Communicate with you about repairs and maintenance affecting your property
  • Collect service charges and other payments
  • Process Direct Debit payments
  • Issue statutory notices and consultation documents
  • Provide advice and support relating to leasehold services
  • Support service planning and development
  • Meet legal and regulatory obligations

Lawful Bases under UK GDPR

Most leasehold and Right to Buy activities are carried out under the lawful bases of:

  • Public task
  • Contract
  • Legal obligation

Where consent is relied upon, this will be made clear when information is collected.

Special Category Data (Article 9 UK GDPR)

Where special category information is processed, the Council relies on conditions including:

  • Substantial public interest
  • Social protection and housing functions
  • Health or social care purposes where relevant

Who we share your information with

We may share information where necessary and lawful with:

  • Other Council services
  • Contractors carrying out repairs and maintenance on our behalf
  • Solicitors and legal representatives
  • Mortgage providers where appropriate
  • Housing providers and local authorities
  • Health and social care organisations where support needs are relevant
  • Police and law enforcement agencies
  • Family members, carers or representatives where you have authorised this or where the law otherwise permits

Information may also be shared where necessary:

  • To manage repairs and maintenance
  • To administer leasehold and Right to Buy processes
  • To recover outstanding debts or charges
  • To prevent or detect crime or fraud
  • To protect someone from serious harm
  • To meet legal and statutory obligations

Where service charge accounts are in arrears and legal action relating to a lease is being considered, we may contact your mortgage provider where permitted by law.

We will only share information necessary for the organisation to provide services, support or carry out its statutory responsibilities.

We do not share personal information for third-party marketing purposes.

CCTV and Body Worn Cameras

Some Council housing estates, communal areas and offices operate CCTV systems and body worn cameras.

These systems are used to help maintain safety and security, investigate complaints, prevent and detect crime, and protect residents, visitors and employees.

CCTV and body worn camera recordings that are stored and catalogued may be accessed through a Subject Access Request.

Access may be restricted where recordings contain other identifiable individuals or where disclosure would prejudice the prevention or detection of crime or where another legal exemption applies.

Portsmouth City Council may not record CCTV at all locations displaying CCTV signage and not all cameras will be operational at all times.

How long we keep your information

Personal information is only kept for as long as necessary for the purposes for which it was collected and in accordance with the Council's corporate retention schedule.

Retention periods vary depending on the type of information and the purpose for which it was collected.

Further information can be found in the Council's corporate retention schedule.

How we keep your information secure

Technical and organisational measures are used to protect personal information, including:

  • Access controls and permissions
  • Staff training and awareness
  • Secure storage and IT systems
  • Regular monitoring and validation processes
  • Information security and data protection policies
  • Contractual controls with contractors, suppliers and service providers

Anyone processing personal information on behalf of Portsmouth City Council is required to do so securely and only for authorised purposes.

Your data protection rights

Under data protection law, you may have the right to:

  • Access your personal information (Subject Access Request)
  • Request correction of inaccurate information
  • Request erasure in limited circumstances
  • Request restriction of processing
  • Object to processing in certain circumstances
  • Request data portability in limited circumstances
  • Exercise rights relating to automated decision-making and profiling

Right to object

You have the right to object to processing carried out under public task or legitimate interests in certain circumstances. Requests can be made by contacting the Data Protection Officer.

How to exercise your rights

You have the right to know whether Portsmouth City Council holds personal information about you.

Requests can be made by contacting the Data Protection Officer or by visiting the Council's subject access request and Freedom of Information pages.

You will usually be entitled to access your personal information, although access may be restricted where information relates to other individuals or where a legal exemption applies.

Complaints

If you are unhappy with how your personal information has been used, please contact the Data Protection Officer in the first instance.

If you remain dissatisfied, you may complain to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113

Links to other websites

The Council's website may contain links to other websites. This privacy notice does not cover those websites. Please read the privacy notices published on any external sites you visit.

Changes to this privacy notice

This privacy notice was last reviewed on 1 July 2024.

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