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Property Loans

Privacy notice relating to the processing of personal data by Rhondda Cynon Taf County Borough Council for the purpose of Property Loans

Introduction

This privacy notice is intended to provide information about how Rhondda Cynon Taf County Borough Council (referred to as ‘RCTCBC’, ‘Council’, ‘Local Authority’, ‘we’) will use (or ‘process’) personal data about individuals for the purpose of Property Loans.

This notice should be read in conjunction with;

  • The Council’s corporate privacy notice

The Data Controller

The Council is the data controller for the personal data processed for the purposes of property loans.

The Council is registered with the Information Commissioner’s Office (ICO) as a controller under reference Z4870100.

Queries relating to this privacy notice

If you have any questions or queries relating to this privacy notice please contact: Housing Strategy

By email : housingstrategy@rctcbc.gov.uk

By telephone : 01443 281136

In writing : Prosperity and Development, Housing Strategy and Investment, Sardis House, Sardis Road, Pontypridd, CF37 1DU

Who we are what we do

This privacy notice explains what personal data is collected by RCT Housing Strategy and Investment Division and how and why we use this data.

We help RCT residents and landlords/property owners to access Welsh Government loans to assist in improving the conditions of their properties. Loans are available to owner occupiers to undertake home improvements to make their properties warm, safe and secure. Loans are also available to potential investors to bring empty properties back into use for sale or rent.

Whose personal data we process

We process personal data relating to the following individuals:

  • Individual applicants.
  • Business applicants.

The categories of personal data we process

We process the following categories of personal data of people who apply for property loans:

  • Name and address.
  • Job title and company name.
  • Contact details, address, telephone number and email address.
  • Date of birth.
  • National Insurance Number.
  • Proof of identity.
  • Bank account details and bank statements.
  • Utility bills, local electoral registration.
  • Evidence of ownership of property (including Land Registry Title documents), Tenancy Agreements, Business accounts and Self-Assessment details.
  • Details of any disability / medical condition.
  • Benefit/Financial information including council tax reduction, rent arrears, debts, income and savings, National Non Domestic Rates (NNDR).
  • Details of your property lease.
  • Development appraisals to assess financial viability.

Why we process the personal data

We process the personal data to administer the loan, this may include but is not limited to the following activities;

  • To provide pre-application advice.
  • As part of our provision of our Pre-purchase and Completion Certificates services
  • To process and administer Building control statutory function.
  • To check with other Council departments such as NNDR, Council Tax, Licensing, Enforcement to assess eligibility.
  • To facilitate the assessment and potential approval of your loan application.
  • To enable assessment of a loan application made by members of your household/family.
  • To make payments to 3rd parties in respect of your loan approval.
  • To make payments to you in respect of services provided.
  • As part of the process of registering of a Legal Charge in respect of your grant award.
  • To gather customer feedback information in respect of a loan application.
  • To contact you in the future for research purposes to enable us to improve the services we offer.
  • To provide monitoring data to Welsh Government, which will be anonymised.

Our lawful basis for processing the personal data

Under the General Data Protection Regulation (GDPR), our lawful basis for processing the personal data for property loans is;

  • Legal Obligation – Article 6 (c) – processing is necessary for compliance with a legal obligation to which the controller is subject. 
  • Public Task - Article 6 (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.
  • Substantial public interest - Article 9 (2) (g) - processing is necessary for reasons of substantial public interest, on the basis of Union or Member State 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.
  • Schedule 1, Part 2, Statutory & Government Purposes - Data Protection Act 2018

The primary legislation, regulations and guidance that supports this includes, but is not limited to;

  • Housing Wales (2014) Act
  • Building Act 1984
  • Building Regulations 2010
  • Housing Grants, Construction & Regeneration Act 1996
  • Housing Renewal Grants Regulations
  • Regulatory Reform Order, Private Sector Housing Renewal 2002
  • Rhondda Cynon Taf County Borough Council Private Sector Housing Policy 2014
  • The Electricity and Gas (Energy Company Obligation) Order 2014
  • Energy Act 2016
  • Climate Change & Sustainable Energy Act 2016
  • The Home Energy Efficiency Schemes (Wales)(Amendment) Regulations 2018
  • Planning & Energy Act 2008
  • Well Being of Future Generations (Wales) Act 2015
  • Warm Homes & Energy Conservation Act 2000
  • The Clean Growth Strategy 2018 (BEIS)
  • Fuel Poverty Strategy 2010 (WG)
  • Vulnerable Consumer Strategy 2013
  • Contractual obligations where individuals are required to enter into or performance of a contact.

Who or where we get the personal data from

We may receive the personal data from the following categories:

  • The Service will get this information from the property loan applicant via application forms and other forms relevant to processing a loan or when you make an enquiry with the team
  • The Service may also receive information from our Partners, such as Robert Owen Community Banking, referrals from other Council departments and also referrals from other Government departments.

The service may also obtain information from sources outlined below (but not limited to):

  • Companies House Search
  • Land Registry Search
  • Information provided by other public sector organisations e.g. referrals by Health, DWP
  • Information provided by private sector organisations e.g. data subject’s solicitors, mortgage provider, agents or employers; private or social landlords
  • Information provided by third sector e.g. Care and Repair Agency
  • Other service areas within the Council eg Council Tax, Housing Benefits, NNDR
  • From surveys that you might complete

Who we share personal data with

We may share the personal data with the following key organisations for the Service to undertake its duties in relation to a Property Loan:

When sharing the personal data, we only share the minimum amount necessary in relation to the purpose.

Who

Purpose

Other Council departments such as but not limited to:

 

  • Council Tax
  • Housing Benefits
  • Licensing
  • Enforcement
  • Legal Services
  • Finance
  • Environmental Health - Public Health and Protection
  • Trading Standards
  • Social Services
  • Planning
  • Community Housing
  • Building Control

To undertake duties in relation to a loan.

Welsh Government

 

Provide monitoring data

Other Local Authorities

 

To undertake duties in relation to a loan.

Government agencies:

  • Health
  • Department of Work and Pensions
  • Land Registry
  • Companies House

To undertake duties in relation to a loan.

Other organisations:

  • Care and Repair Agency
  • Citizens Advice Agency
  • Mortgage Providers

Depending on applicant’s needs and if unable to assist with a loan, we may refer to an external partner for support.

Robert Owen Community Banking

 

To undertake duties in relation to a loan.

Other individuals:

  • Local Members, AM’s, MP’s who may be acting on your behalf
  • Anyone representing you such as an agent or legal representative

To undertake duties in relation to a loan.

Data Processors

A data processor is a company or organisation that processes personal data on our behalf. Our data processors act only upon our instruction. They cannot do anything with the personal data unless we instruct them to do so. They will not share the personal data with any organisation apart from us or use it for their own purposes. They will hold it securely and retain it for the period we instruct.

The categories of data processors we use are:

  • IT system suppliers
  • Robert Owen Community Banking

How long we retain the personal data

We retain the personal data contained within property loans for:

Length of time

Reason

10 years

 

 

To provide monitoring data to Welsh Government, and to deal with any questions or complaints that we may receive

 

30 years or until your property is disposed of

 

For a Property Appreciation Loan we may need to hold your information for up to 30 years or until your property is disposed of.

 

In keeping with the General Data Protection Regulation storage limitation principle, records are periodically reviewed. Not all personal data is retained. Only personal data that is relevant to the record is retained for the entire retention period. Information that has no long term or evidential value is routinely destroyed in the normal course of business

Your data protection rights

The General Data Protection Regulation (GDPR) gives individuals important rights, including the right of access to the personal data that the Council holds about you.

Click  here for further information on your information rights and how to exercise them. 

Your right to make a data protection complaint to the Council

You have the right to complain to the Council if you believe we have not handled your personal data responsibly and in line with good practice.

You can do this by contacting the Housing Strategy and Investment directly via one of the following communication methods. Most concerns can be resolved relatively quickly through a simple phone call or email;

By email : housingstrategy@rctcbc.gov.uk

By telephone : 01443 281136

In writing : Prosperity and Development, Housing Strategy and Investment, Sardis House, Sardis Road, Pontypridd, CF37 1DU

Alternatively, you can raise a formal complaint via the Council’s Customer Feedback Scheme using the following link (Make a comment, compliment or complaint online) or you can contact the Council’s Data Protection Officer at Information.management@rctcbc.gov.uk.

Your right to make a data protection complaint to the ICO

You also have the right to complain to the ICO if you are unhappy with how we have used your data. However, we encourage you to contact us first and provide us with an opportunity to look into your concern and put things right.

The ICO can be contacted:           

  • Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
  • Helpline number: 0303 123 1113
  • Website: https://www.ico.org.uk