Privacy Notice

Purpose of this privacy notice

As a local authority East Staffordshire Borough Council collects information from you in order to provide a wide range of services. In many cases, this also means that we have to collect personal data and this document gives details of what information we collect, what we do with it, who it might be shared with, your rights in respect of your own information and how you can contact us.

When we collect information from you we are the Data Controller and we are committed to protecting the privacy of all individuals by ensuring lawful use of your personal data. We have in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, In addition we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your data on our instructions and they are subject to a duty of confidentiality.

We have in place procedures to deal with any suspected personal data breach and will notify you and the Information Commissioner of a breach in line with our legal obligations.

We have appointed a Data Protection Officer who is the point of contact for everything relating to personal data and you can contact her via email at DataProtectionOfficer@eaststaffsbc.gov.uk . If you would prefer, you can also write to her at this address:

Data Protection Officer
Legal Services
East Staffordshire Borough Council
Town Hall
Burton upon Trent
DE14 2EB

The personal data we collect about you

Personal data or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). The different types of personal data we may collect about you - and the lawful basis for us doing so - are shown in this table:-

Service Data Collected Lawful Basis
Benefits and Council Tax Name, address, date of birth, phone number, marital status, ethnicity, gender, sexual orientation, age, disability, bank details, national insurance number, income Legal obligation

Public task

Arts Facilities   Contract
Leisure Centres Name, address, date of birth, phone number, email address, ethnicity, gender, age, disability, bank details Contract
Waste Management Name, address, phone number, email address, date of birth, disability Legal obligation

Public task

Cemetery Name, address, Contract
Elections Name, address, date of birth, phone number, email address, marital status, ethnicity, gender, age, national insurance number Legal obligation

Public task

 

Licensing Name, address, telephone number, email address, date of birth, DBS certificate Legal obligation

Public task

Enforcement Name, address, telephone number, email address Public task
Communities and Civil Enforcement Name, address, telephone number, email address Legal obligation

Public task

Income Management Name address, telephone number, email address, payment card details, bank account Contract
Democratic Services and Resilience Planning Name address, telephone number, email address, Public Task

Vital interests

Building Control   Public task

contract

Environmental Health   Public task

Legal obligation

Planning Delivery   Legal obligation

Public task

Contract

Planning Policy   Legal obligation

Public task

Housing and Homelessness Name, address, date of birth, phone number, email address, ethnicity, gender, age, disability, bank details Legal obligation

Public task

Markets Name, address, phone number, email address, date of birth, national insurance number Contract
Assets and Estates Management Name, address, phone number, email address Contract
Legal Services Name, address, date of birth, phone number, email address, Legal obligation

Public task

Economic Regeneration Name, address, phone number, email address Contract

Public task

Personal data needed to meet a statutory or contractual requirement

We will notify you if we need your personal data because it is a statutory or a contractual requirement for us to have it. In addition we will let you know the consequences arising from a failure to give us that information.

Sharing your personal data

We do not sell any of your personal data to any third party and we will never do so.

We do share your personal data with the following categories of companies in order to provide some of our services to you and this is shown in the table below. Those companies all respect the security of your personal data and treat it in accordance with the law. They are not allowed to use your data for their own purposes.

Revenues and Benefits 

Third Party Organisations

  • Capita Software Services – software suppliers for Council Tax, Business Rates and Benefits databases.
  • Civica – software suppliers for electronic storage of Council Tax, Business Rates and Benefits documentation.
  • Equifax – software suppliers for the tracing of Council Tax, Business Rates and Housing Benefit overpayment debt absconders.
  • Department for Work and Pensions – provide daily updates of income details for Benefit/Reduction claimants. Investigate Welfare and Housing Benefit Fraud.
  • South Staffordshire District Council – assess Welfare Benefit claims on behalf of ESBC claimants regarding Adult Social Care assessments.
  • CapacityGrid – provide consultancy support by conducting a review of empty homes on the Council Tax database.
  • Northgate – provide remote assessor support to help process Benefit claims.
  • Jacobs - enforcement and collection agents. Collection of unpaid Council Tax & Business Rates debts and Housing Benefit overpayments.
  • Equita – enforcement and collection agents. Collection of unpaid Council Tax & Business Rates debts and Housing Benefit overpayments.
  • Bristow & Sutor - enforcement and collection agents. Collection of unpaid Council Tax & Business Rates debts.
  • PHD Mail Limited – printing and mailing of all Council Tax, Business Rates, Housing Benefits & Council Tax Reduction bills, notices and invoices.
  • Valuation Office Agency – provide regular updates of changes to Council tax property bands and Business Rates Rateable Values, and determines the reasonable rent payable for individual Housing Benefit claims.
  • Child Protection Team – discuss Benefit claimant information where Child Protection Services are involved with the family.
  • Staffordshire County Council Building Resilient Families Team – discuss Benefit claimant information where BRFT are involved with the family.
  • Immigration Office – provide confirmation of immigration status for Benefit claimants.
  • Revival Home Improvement Agency – working alongside Disabled Facilities Grants team to encourage benefit claimants who are elderly and/or infirm to apply for home improvement grants.

Leisure Centres

Third Party Organisations

  • Bulk mailing services on the Council’s behalf
  • software to store, manage and send email communications
  • software to store, manage and send SMS communications
  • customer management systems

Arts Facilities

Third Party Organisations

  • Bulk mailing services on the Council’s behalf
  • software to store, manage and send email communications
  • software to store, manage and send SMS communications
  • customer management systems

Housing and Homelessness

Third Party Organisations

  • Contract to provide an independent review of homelessness decisions. This involves transfer of the entire case file for a more detailed inspection of the case to ensure the decision is properly made.
  • The Council has a contract to provide assistance with loans to provide payment of deposits etc., which facilitates access to Private Rented Sector accommodation. This is known as the Council’s ‘New Tenancy Finance Scheme’ with assessment of suitability for loans and the administration of the same handled by Money Spider Credit Union on our behalf. In order to perform this function Money Spider receive details of the applicant’s income and expenditure including bank statements, makeup of the household and the property they are seeking to secure.
  • Contract to provide homeless database / IT system. In order to retain all the data that has been input when the system is updated, the IT provider has some contact with individual client records.
  • Contract to provide a Housing Register, Trent and Dove collect and process all the data on our behalf.
  • There are a number of Housing Associations (HAs) that utilise the Housing Register which is operated on behalf of the Council by Trent & Dove. Upon an applicant to the register ‘matching’ for a social housing vacancy with another HA, the HA concerned would receive all the details the register holds about the applicant.
  • Arrangements with a variety of hotels on a spot purchasing arrangement, which would involve providing the name of the individual and any special requests.
  • Spot purchasing arrangements apply to the provision of storage, removals and repairs to self-contained temporary accommodation.

Sending your Personal Data to Countries Outside Europe

We do not transfer your personal data to third party processors outside the European Economic Area (EEA).

Automated Decision Making

We do not use automated decision making.

How Long We Will Keep Your Personal Data

We only retain your personal data for as long as is necessary to fulfil the purposes we collected it for. This includes meeting any legal, accounting or reporting requirements. To help us decide the appropriate retention period for personal data, we take into account the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure, the purposes for which we process your personal data and whether we can achieve those purposes through other means. We also take into account the applicable legal requirements

Details of retention periods for different types of information are available in our Document Retention Policy which we can make available to you on request. Please contact the Data Protection Officer if you would like a copy.

In some circumstances you can ask us to delete your data: see the section detailing your legal rights below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes. In that case we may use this information indefinitely without further notice to you.

Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of any new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where this is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your data unlawfully or where we are required to erase your personal data to comply with legal obligations. Please note though, that we may not always be able to comply with your request and if that is the case we will notify you that that is the case and we will give you reasons why it is not possible to comply.

Object to processing of your personal data where we are relying on a legitimate interest of a third party (or on those very rare occasions where we are relying on our own legitimate interest) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases we may demonstrate that we have compelling legitimate grounds to process your information which override your legal rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

(a)  If you want us to establish the data’s accuracy

(b)  Where our use of the data is unlawful but you do not want us to erase it

(c)  Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

(d)  You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. This only applies where we have used the information to perform a contract with you or in those very rare instances where we have relied on consent as the lawful basis for processing your personal data. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw consent. Please note that the Council will only very rarely rely on consent as the lawful basis for processing your personal data.

You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information form you to help us confirm your identity and to ensure that any personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Your right to complain to the Information Commissioner

If you have any concerns arising from our responses to a request you have sent us or any other aspect of the way in which we process your personal data, than you can lodge a complaint with the Information Commissioner’s Office at the following address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF