Private sector housing privacy notice
Hammersmith & Fulham Council (“a data controller”) is committed to protecting the privacy and security of your personal information.
Data controller's name and contact details: Sharon Lea - Strategic Director of Environment Sharon.Lea@lbhf.gov.uk
Representative's (if applicable): Valerie Simpson - Strategic Lead for Environmental Health and Regulatory Services firstname.lastname@example.org
The council’s data protection officer's contact details can be found on the data protection page
The council’s private sector housing service collects and processes personal data relating to our customers in order to provide housing services. The service is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What data is being collected?
The council’s private sector housing service collects and processes a range of information both directly from the individuals (data subjects) and from publicly accessible data sources such as Companies House and HM Land Registry. Data may be obtained from council tax records and electoral roll, but only on an as needed basis to establish property owners’, landlords’ and occupiers’ numbers and identities.
Data can include:
- name, address and contact details, email addresses and telephone number
- date of birth
- age, gender and ethnicity, in order to ensure services are provided in a fair and equitable manner
- financial information such as bank account and payment card details and transactional data including payments to or from you
- information about medical or health conditions, including whether or not you have a disability and support needs
- information about the property you live in and your housing history
- property ownership details, whether freehold or leasehold
What is the legal basis for processing the data?
Our lawful basis for processing your personal data is “legal duty” and “public task”.
The “legal duty” arises because the council’s private sector housing service needs to process the personal data to comply with its overall purpose to comply with a legal obligation to:
- assess housing conditions and amenities
- deliver the council’s housing licensing services
- keep a register of licensed properties
- deliver statutory duties such as dealing with hazardous housing conditions, statutory nuisances, public health hazards,
The council’s private sector housing service processes a special category of personal data, namely character and criminal conviction data for the purposes of assessing whether persons in control of or managing properties are fit and proper persons, in respect of the following:
- Criminal conviction data is obtained from persons by self-declaration, and if necessary from the Disclosure and Barring Service for offences involving fraud/dishonesty/violence/drugs or certain sexual offences.
- Unlawful discrimination on the grounds of sex, colour, race, ethnic or national origins, disability, in, or in connection with, the carrying on of any business.
- Contravention of any Housing/Landlord and Tenant/Planning legislation.
We're processing criminal convictions or offences data to exercise official authority (e.g. public functions and powers set out in law) and because there i a substantial public interest for us to process it. We have made sure the processing is proportionate to the aim pursued and we have the appropriate safeguards in place for the data subject’s rights and interests.
The “public task” basis arises because the council’s private sector housing service needs to process personal data to perform specific tasks in the public interest that are set out in law, such as:
- provide advice and guidance to landlords and tenants, with the aim of increasing housing supply and the prevention of homelessness
- protection from unlawful eviction
- deliver government or Council priorities such as energy efficiency, returning empty dwellings to occupation, reducing overcrowding
- monitor services to ensure they are delivered in a fair and equitable way
- monitor services to support future service development and delivery
- monitor services to provide statistical data for statutory returns and governance and compliance purposes
Data processing is necessary for compliance with legal obligations primarily (but not exclusively) under the following legislation:
- Housing and Planning Act 2016
- Housing Acts 1985 and 2004
- Housing Health and Safety Rating System Regulations 2005
- Environmental Protection Act 1990
- Public Health Acts (eg 1936 and 1961)
- Homelessness Reduction Act 2017
- Protection from Eviction Act 1977
- Crime and Disorder Act 1998
- Anti Social Behaviour, Crime and Policing Act 2014
Housing Act 2004 section 232 states that every local housing authority (ie the Council) must maintain a register of licences for houses in multiple occupation (HMOs) licensed under Part 2 of that Act and houses and flats licensed in areas designated for Selective Licensing under Part 3. The register must contain prescribed particulars which, by virtue of SIS 2006 No.373 and 2007 No.1903, include the name and address of the licence holder and the property manager. Registers must be made available for inspection and a copy of the register (or an extract) must be supplied, subject to payment of a fee, on request.
The council will make names and addresses of licence holders and property managers publicly available as part of the HMO Register on request, but will not publish them on the website and will only provide copies of the Register on payment of a fee (currently £54).
Rogue Landlords’ Database
Both national government and the Greater London Authority maintain public registers, administered by them, of landlords and agents convicted or who receive financial penalties for certain housing related offences. The Council will supply names and addresses of landlords and agents, together with details of the offences, to these databases, when it is appropriate to do so. There is a right to make representations for data not to be published on these databases, and the Council will assess representations on a case to case basis. Publication decisions will be made on the basis of fairness and public interest, and will not be made maliciously.
Will the data be shared with any third parties?
Your information will be shared with other H&F departments or third parties and external partners who deliver these services for the purposes stated above.
View our housing delivery partners.
Who we may share your information with
We will share personal information with law enforcement or other authorities if required by applicable law such as:
- The Cabinet Office
- Government agencies
- Greater London Assembly
- Specified anti-fraud organisations (SAFOs)
- The Police
- Judicial agencies e.g. Courts
- Department of work and pensions
- Local authorities
- In certain circumstances employers
We will only share information with these organisations where it is appropriate and legal to do so. We may also share information, for example, if there is a risk of serious harm or threat to life.
How long will the data be stored for?
We will only keep your information for as long as is required by law and to provide you with the necessary services. For further details you can submit a request via the Request for Information page.
We may also anonymize some personal data you provide to us to ensure that you cannot be identified and use this data to allow the council to effectively target and plan the provision of services.
Your personal data will not be transferred to other countries or international organisations, except when included in documents sent to persons who are interested parties in the property you control or manage.
What rights does the data subject have?
You have the right to request a copy of the information that we hold about you.
The General Data Protection Regulation also gives you additional rights about the information we hold about you and how we use it, including the right to:
- Withdraw consent and the right to object and restrict further processing of your data; however, this may affect service delivery to you.
- Request to have your data deleted where there is no compelling reason for its continued processing and provided that there are no legitimate grounds for retaining it.
- Request your data to be rectified if it is inaccurate or incomplete.
- Not be subject to automated decision-making including profiling.
To request information that we hold about you visit our Subject Access Request page.
How can the data subject raise a complaint?
You have a right to complain to us if you think we have not complied with our obligation for handling your personal information; please visit our Compliments and Complaints page.
If you are not satisfied with the Council’s response you have a right to complain to the Information Commissioner’s Office (ICO). You can report a concern by visiting the ICO website
Developing and testing business applications
Housing and their service delivery partners (see above) may use the information you give us to maintain and improve the services which we deliver, this includes developing and upgrading the systems which we use to process your information.
Corporate business intelligence
Housing may share the information you give us with other council services and service delivery partners (see above) for research and analysis purposes, to help us design the services we provide and to identify and contact residents who may benefit from them.
Prevention and detection of fraud
We have a duty to protect the public funds we administer. To this end we may use the data you have supplied for your housing/council tax award and/or council tax account for the purposes of the prevention and detection of fraud. This includes data matching exercises such as the National Fraud Initiative.
H&F will use all information held by us for the purposes of law enforcement, regulation and licensing, criminal prosecutions and court proceedings.