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Housing

Healthy and Sustainable Homes Privacy Notice

City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) – reference Z5809563.

We regularly review this privacy notice, and it was last updated in January 2025.

CYC is committed to ensuring that information is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).

This privacy notice tells you what to expect when we process your information and it applies to the council's healthy and sustainable homes services.

CYC is the controller for this information unless we specifically state otherwise in this privacy notice.

You can contact the council's Data Protection Officer at:

West Offices
Station Rise
York
YO1 6GA

Telephone: 01904 554145.

Email: information.governance@york.gov.uk.

This privacy notice should be read in conjunction with other CYC privacy notices that are available in our Privacy Notice and/or policies and procedures.

When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this privacy notice.

How we collect your information

We get information about you from the following sources:

  • directly from you
  • other council services or teams
  • government departments and agencies
  • landlords
  • from third parties acting on your behalf such as family member(s), advocates, councillors, MPs, and so on
  • from our commissioned partners or contractors who undertake work on our behalf

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What personal data we process and why

We process the following personal and special category data, such as:

  • name
  • address
  • contact details such as email and telephone number
  • date of birth
  • other information we need to provide our services to you e.g. health information, and so on

We may also process your comments, feedback and opinions when you choose to take part in our surveys or consultation. If you complete a paper survey, we will transfer the information you have given us onto the council's secure network and then destroy confidentially the paper copy. You can withdraw your consent at any time by contacting us on email housing.standards@york.gov.uk

Where we process data relating to criminal convictions and offences, this includes details of any past criminal convictions or offences.

We will use your information to our healthy and sustainable homes services such as:

  • advice and regulatory services for housing stock of all tenures in the city
  • advice and regulatory services in connection with the private rented sector and caravan sites
  • energy efficiency and fuel poverty assistance including grants
  • disabled adaptations including grants
  • falls prevention services
  • taking online payments
  • repair loans for homeowners and handyperson services
  • improved services through analysis of customer satisfaction survey data
  • to inform a ‘fit and proper person’ decision in relation to the licensing of Houses in Multiple Occupation (HMO) (as required under section 66 Housing Act 2004)
  • access to training for landlords to improve their knowledge and contribute towards their continued professional development

When you complete an online form on the council's website and you have provided your email address, we will send you a copy of your completed online form.

We have legal obligations to maintain and publish the below registers, which will include the names of licencees, applicants and site managers and owner or landlord of HMO.

We do not sell any data to third party organisations, however where required by legislation, we may have to charge a reasonable fee for a full copy of the HMO licence register, in line with section 232 Housing Act 2004.

We may use your information to create reports and statistics that are anonymous and cannot be linked back to you, your family, or individuals such as:

  • statistical analysis
  • statutory returns
  • audit framework
  • see how the council and its partners are supporting individuals
  • help design better services
  • inform funding decisions

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Automated decision-making

We do not carry out any automated decision-making without any human intervention in providing this service.

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Collecting information automatically

Please see our Cookies Policy for further information about the information we collect automatically when you use our website.

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Children’s information

Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.

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Lawful basis for processing your personal data

Any personal data including special category data and criminal offence data that we process about individuals is done so in accordance with one or more of the following Articles 6, 9 and 10 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).

Article 6(1)

  • (a) Consent: the individual has given clear consent for the council to process their personal data for a specific purpose
  • (b) Contract: the processing is necessary for a contract the council has with the individual, or because they have asked the council to take specific steps before entering into a contract
  • (c) Legal obligation: the processing is necessary for the council to comply with the law (not including contractual obligations)
  • (e) Public task: the processing is necessary for the council to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law
  • (f) Legitimate interests: the processing is necessary for the council’s legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests (This cannot apply if you are a public authority processing data to perform your official tasks)

Article 9(2)

  • (a) Explicit consent
  • (b) Employment, social security and social protection (if authorised by law)
  • (g) Reasons of substantial public interest (with a basis in law)
  • (h) Health or social care (with a basis in law)

This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and the following legal framework, such as:

  • Housing Grants, Construction and Regeneration Act 1996
  • Housing Act 2004
  • Housing and Planning Act 2016
  • Management of Houses in Multiple Occupation (England) Regulations 2006.
  • Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007.
  • The Licensing and Management of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018
  • Caravan Sites and Control of Development Act 1960
  • Mobile Homes (Requirements for Manager of Site to be Fit and Proper Person) (England) Regulations 2020
  • Energy Act 2011 and 2013
  • Health and Safety at Work etc. Act 1974
  • Construction Design and Management Regulations 2015

Where we process information relating to criminal convictions and offences, this is under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences, or proceedings for an offence committed or alleged to have been committed, including sentencing.

Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice

Our Appropriate Policy Document provides further information about this processing.

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How long we keep your personal data

We will only keep your information for as long as it is needed then it will be securely and confidentially deleted or disposed of.

You can find details on how long the council keeps records at Retention Schedule.

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Data sharing

We will only share your information where it is appropriate to, with:

  • other CYC services 
  • other councils, government departments and agencies 
  • other organisations such as NHS
  • third parties including our data processors, partners or contractors, who undertake work on our behalf
  • internal and external auditors

We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision-making.

Additionally we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.

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Data processors and/or third parties

When we have third parties providing parts or all of our services for us, we have contracts or agreements in place with them. These include

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Transfers of personal data

We don’t routinely transfer personal data, special categories of personal data and criminal offence data outside of the UK but when this is necessary we ensure that we have appropriate safeguards in place and that it is done in accordance with the UK data protection and privacy legislation.

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How we protect your information

We're committed to keeping your information safe and secure. There are several ways we do this, such as:

  • IT security safeguards such as firewalls, encryption, and anti-virus software
  • on-site security safeguards to protect physical files and electronic equipment
  • training for all staff and elected councillors
  • policies and procedures

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Your rights in relation to this processing

To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.

You can also find information about your rights in our Privacy Notice.

If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us by:

email: information.governance@york.gov.uk

telephone: 01904 554145

or write to:

Data Protection Officer
City of York Council
West Offices
Station Rise
York YO1 6GA

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Also see

Data Protection Officer

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 554145

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