Controllers contact details
Cumberland Council
Allerdale House
Workington
Cumbria
CA14 3YJ
Purpose and lawful basis for processing
Our purpose for processing your personal data is to discharge our duties as a local authority under the Housing Act 1996, the Homelessness Act 2002 and the Homelessness Reduction Act 2017.
The lawful basis we rely on to process your personal data is article 6 (1)(e) of the UK GDPR, where processing is necessary for the performance of a task carried out in the public interest.
As the personal information we collected contains Special Category Data, as defined in the UK GDPR, the lawful basis we rely on to process this data is article 9 (2)(g), where processing is necessary for reasons of substantial public interest. Schedule 1, Part 2 (6) of the Data Protection Act 2018 is the condition for processing which relates to our statutory purpose.
What we need and why we need it
We will need basic personal identifiers relating to yourself including your full name, contact information and details regarding your current and previous residence. We will also need details regarding your sexuality or sexual health, religious or spiritual or philosophical beliefs, ethnicity, physical or mental health, political opinion, genetic data and criminal history.
We may also need to gather personal information from third party sources, including:
- private landlords, housing associations and letting agents
- family members
- mortgage providers
- health services
- children, family and adult services
- education services
- Department for Work and Pensions (DWP), housing benefits and council tax services
- the police, prisons, probation and youth offender services
- Citizens Advice and voluntary sector organisations
The above is not an exhaustive list and we need this information to assess your current situation and provide advice, guidance and assistance regarding your housing situation.
We will also use this information to provide support to those threatened with homelessness and those living in temporary accommodation.
Additionally, where necessary, we will use this information to make referrals to third parties and / or other agencies that may be able to provide you with specialist assistance.
What we do with it
Your information may be shared with third party organisations depending on your personal circumstance. These may include and are not limited to:
- social services and other related agencies
- medical professionals such as those in the NHS or private medical practices, including your primary clinician
- housing associations
- Citizens Advice
- the police
- probation
- supported accommodation providers
- other services within the council
How long we keep it
We will retain your personal data for six years following the resolution of your housing requirement.
Do we use any data processors?
No.
Your right to be informed
You have a right to be informed when and how your personal data is collected and used. As a controller, we will provide you with the purpose and legal basis for processing your personal data, how long the personal data will be retained for and who it will be shared with.
Your right of access
You have a right to access copies of your personal data, along with ancillary information, held about you within the organisation; a request for such access is called a Subject Access Request.
When we provide you with copies of your data, you will be informed of:
- the purposes and legal basis for processing
- the legitimate interest for processing (if applicable)
- the categories of personal data held
- details of whether you are under a statutory or contractual obligation to provide the data
- who the personal data is shared with
- the details of transfers to any third countries or international organisations (if applicable)
- how long the personal data will be retained
- details of the existence of automated decision-making, including profiling (if applicable)
- your rights in respect of the processing
- your rights to submit a complaint to the independent supervisory authority
Your right to rectification
You have a right to have your personal data rectified if you believe it is inaccurate or completed if it is incomplete.
When a request for rectification is received, we will take all reasonable steps to determine the accuracy of the personal data and rectify such data where necessary.
We will notify all third parties of any changes if they are recipients of that personal data.
There are specific circumstances where your request for amendments may be refused; however, you will be informed of the justification for the refusal as part of the process.
Your right for erasure
You have a right to request that your personal data is erased, commonly referred to as the ‘right to be forgotten’.
Where personal data has been shared with third parties, we will notify them of a request for removal. Where personal data has been made publicly available online, all reasonable steps will be taken to ensure erasure of that personal data.
There are specific circumstances where your request for removal may be refused; however, you will be information of the justification for the refusal as part of the process.
Your right to restrict processing
You have a right to request the restriction or suppression of processing of your personal data.
This right applies when:
- you contest the accuracy of your personal data and we are in the period of verifying its accuracy
- the personal data has been processed unlawfully and you oppose erasure and request restriction instead
- you have objected to processing your personal data and we are considering our legitimate interest for processing, where legitimate interests are used as the lawful basis for processing; or
Personal data is no longer required but we have been requested to retain the data for the purposes of a legal claim.
There are specific circumstances where your request for restriction may be refused; however, you will be informed of the justification for the refusal as part of the process.
Your right to data portability
The right to data portability allows you to request your personal data on a machine-readable format.
Once personal data is provided to you in response to a data portability request, we are no longer responsible for any subsequent processing carried out by another individual or organisation.
Appropriate measures will be used to ensure that the personal data is transmitted securely.
There are specific circumstances where your data portability request may be refused; however, you will be informed of the justification for the refusal as part of the process.
Your right to object
You have the right to object to the processing of youur personal data, in certain circumstances.
This right applies where:
- processing is related to direct marketing
- a task is being carried out in the public interest
- processing is for the exercise of official authority vested in you, or
- processing is carried out under legitimate interests of the organisation (or those of a third party)
There are specific circumstances where your request to stop processing your personal data may be refused; however, you will be informed of the justification for the refusal as part of the process.
Your rights related to automated decision-making, including profiling
You will not be subject to automated processing, including profiling, which would significantly adversely affect you.
Where automated individual decision-making is used, we will implement suitable measures to safeguard your rights and provide a way for you to contest the decision or request human intervention.
Systems that use automated individual decision-making will be reviewed on a regular basis to ensure the integrity of the system.
How to make requests to the council
If you wish to make a request in respect to any of your rights provided by data protection law, a request can be made to FOI@allerdale.gov.uk.
Your right to complain
If you are dissatisfied with the way your request has been handled you should initially contact customer services on 0300 373 3730.
If you remain dissatisfied with our service and how we have handled your complaint or request to exercise your rights, then you can submit a complaint with the independent supervisory authority, The Information Commissioners Office at:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Chesire
SK9 5AF