City of York Council (CYC) complies with the UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018, and is registered with the Information Commissioner’s Office (ICO), reference: Z5809563.
We regularly review this privacy notice, and it was last updated in August 2024.
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 explains how and why we process your information, under Part 3 of the Data Protection Act 2018 for law enforcement purposes and the steps we take to keep your information safe.
CYC is the controller for the personal data we process, unless otherwise stated. You can contact the council’s Data Protection Officer at:
West OfficesStation Rise
York
YO1 6GA
Telephone: 01904 554145.
Email: information.governance@york.gov.uk.
You can find more information about the role of the Data Protection Officer in our Data Protection Policy Statement.
This privacy notice should be read in conjunction with other relevant specific privacy notices that are available in our Privacy Notice.
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
- What personal data we process and why
- Automated decision-making
- Collecting information automatically
- Children's information
- Lawful basis for processing your personal data
- How long we keep your personal data
- Data sharing
- Data processors and/or third parties
- Transfers of personal data
- How we protect your information
- Your rights in relation to this processing
How we collect your information
We get information about you from the following sources:
- directly from you
- other council services or teams
- Government departments
- landlords
- enquiries that are received from councillors, MPs or someone acting on your behalf
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, gender and race etc
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 provide:
- 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
- provide energy efficiency and fuel poverty assistance
- disabled adaptations and falls prevention services
- 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
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.
- Register of licensed caravan sites
- Register of 'Fit and Proper Persons' to manage a caravan site
- List of HMO licensed properties
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 also contact you with surveys and/or consultations where you have given us your consent to do so. You can withdraw your consent at any time by contacting us on email housing.standards@york.gov.uk
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.
Automated decision-making
We do not carry out any automated decision-making without any human intervention in providing this service.
Collecting information automatically
Please see our Cookies Policy for further information about the information we collect automatically when you use our website.
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.
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 Article 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.
- (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.
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 personal data relating to criminal convictions and offences, this is also 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.
How long we keep your personal data
We will only keep your information for as long as is necessary. You can find details on how long we keep council records at Retention Schedule.
Data sharing
We will only share your information with other council services and with other organisations, agencies, partners such as contractors who undertake work on our behalf, government departments, where it is appropriate to.
In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information. We may also share information about you with third parties including our data processors, government agencies 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.
Data processors and/or third parties
Where we have third parties providing parts or all of our services for us, we have contracts in place with them. These are listed below
- the Civica APP database, a customer and case management computer system - Civica Data Privacy Notice
- Verso, a third party web software managing online HMO Licence applications - Verso Privacy Policy
- DASH Services, a joint-working initiative with Local Authorities, to provide landlord training - DASH Services Privacy Notice
- Mosaic Social Services database - The Access Group Privacy Notice
Where we use WhatsApp to contact you etc, you can find out how they use your information at WhatsApp UK Privacy Policy.
If we use Microsoft Teams, to contact you, to gather information from you, or if we are recording or transcribing our discussion or meeting with you, we will let you know. You can find more details about this in the City of York Council Microsoft Office 365 (MS365) Teams Meeting recording and transcription privacy notice.
If we use SurveyMonkey for our surveys or consultation etc you can find out how they use your information at Survey Monkey Privacy Notice.
If we use Eventbrite for arranging and organising events etc you can find out how they use your information at Eventbrite Privacy Policy.
If we use Granicus/Gov Delivery to send you updates, newsletters etc you can find out how they use your information at Granicus Privacy Policy.
Transfers of personal data
We don’t routinely transfer personal data outside of the UK but when this is necessary we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.
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
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 on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:
Data Protection OfficerCity of York Council
West Offices
Station Rise
York YO1 6GA