Privacy and Personal Data

South Hams District Council takes your privacy seriously.

We will use your information in order to assess and administer applications for Disabled Facilities Grants (DFG), now called Independent Living Grants. This notice sets out what we will do with your personal information and who we may share it with in respect of the above.

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What information about you do we collect?

• Names
• Address
• Address of property which service request relates to
• Contact details (phone numbers, email address)
• Date of birth
• National Insurance Number
• Gender
• Benefit status and information
• Financial information, including savings, investments, income, benefit payments
• Employment status
• Ethnicity
• Advocate, carer or agent details
• Health, social care or other need relating to support
• Name, age and benefit status of any other occupants of the property.

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How do we collect information about you?

Relevant personal data will be collected:

• Direct from you as the data subject, during the application process.

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How will your personal data be used?

Your personal data will be used in the following ways:

• To assess whether you are eligible for a DFG.
• To contact third parties to verify the information you have provided or gather further information to complete the assessment of your application.

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The Legal basis for processing your data

Your personal data is processed under the following legal bases:

Article 6 1(b)

Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering a contract.

Without entering into a contract, the Council's would be unable to provide the service of a DFG.

Article 6 1(c)

Processing is necessary for compliance with a legal obligation to which the controller is subject

The processing of this information is necessary for compliance with a legal obligation primarily under the Housing Act 1988, 1996, and 2004, the Homelessness Act 2002 and the Homelessness Reduction Act 2017, to which we are subject.

Article 6 1(e)

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 carry out a public task of assessment and administering DFGs under the Housing Grants, Construction, and Regeneration Act 1996.

Article 9 2(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.

Condition 16

Support for individuals with a particular disability or medical condition

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Who will your personal data be shared with?

We will share your personal data with the following:

• The relevant staff within the Council's to process your application
• Housing Benefits/Council Tax
• Housing Advice in order to report homelessness prevention
• Department for Work and Pensions
• Your chosen agent/surveyor and/or contractor/sub-contractors
• Social Services/Occupational Therapy
• Your landlord

The Council will never sell your data to anyone else.

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Transferring of data outside the EU

Your data will not be transferred outside the EU. It will be securely stored electronically within the UK only, unless it was necessary for safeguarding or for the prevention and detection of crime.

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Length of time we keep your information

The Council will retain personal data for no longer than 6 years if you have no contribution to the grant or no local land charge has been registered on your property. The Council will retain personal for no longer than 10 years if you have a contribution to your grant or a local land charge has been registered on your property. Local land charges apply to homeowners only.

For unsuccessful applications, the Council will retain personal data for the remainder of the year in which the application was made, plus 1 year (2 years maximum).

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Individual rights

You have a number of rights under the General Data Protection Regulations. These can be found on the ICO website

If you would like to exercise any of these rights, please email the Data Protection Officer.

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The Data Controller for your information

South Hams District Council

Follaton House,

Plymouth Road,

Totnes,

Devon

TQ9 5NE

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Data Protection Officer

The Councils have a duty to appoint a Data Protection Officer. The Council's Data Protection Officer is Drew Powell, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you have any queries about our privacy notices or would like to exercise your data rights or make a complaint, please contact the Data Protection Officer by email, telephoning 01803 861234 or writing to them at Data Protection Officer, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you are not happy with how we have handled your complaint, you have the right to contact the Information Commissioner's Office to raise your concerns about how we have processed your information or how we have responded to your request to exercise any of your rights in relation to your information:

• Telephone them on 0303 123 1113
• Visit their website at www.ico.org.uk/concerns
• Write to them at:
  
  Information Commissioner's Office
  
  Wycliffe House
  
  Water Lane
  
  Wilmslow
  
  Cheshire
  
  SK9 5AF