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 created this privacy notice in August 2024 and we will keep it under regular review.
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 as a tenant or landlord
- from third parties such as:
- housing benefits
- your previous landlords
- the police
- health and social welfare agencies
- enquiries that are received from councillors, MPs or someone acting on your behalf
What personal data we process and why
We process your personal data and special categories of personal data such as
- name
- contact details
- medical and health information
Where we process data relating to criminal convictions and offences, this includes details of any past criminal convictions or offences.
We process your information to enable us to deliver efficient and effective property letting agency services to you such as:
- assess your need for housing
- letting, renting, and leasing properties
- collection of money owed to the council including rent, service charges, and more
- administering waiting lists
- carrying out research
- carrying out surveys and consultation
- providing associated welfare services, advice, and support
- maintaining our accounts and records
- supporting and managing our employees, agents, and contractors
- promoting equal opportunities
- debt and benefit advice
- employment and training support services
- dealing with complaints and any feedback from you
Automated decision-making
We do not carry out any automated decision making in delivering YorHome property letting agency services.
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: you have given clear consent for us to process your personal data for a specific purpose.
- (b) Contract: the processing is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract.
- (c) Legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations).
- (e) Public task: the processing is necessary for us 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 our 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.
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:
- The Equality Act 2010
- The Housing Acts 1985, 1988, 1996, 2002, 2004
- Housing Grants, Construction and Regeneration Act 1996
- Landlord and Tenant Act 1987
- Localism Act 2011
- Homelessness Reduction Act
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 keep your information for no longer than necessary for the purposes that we have obtained it. We have a Records Retention Schedule which sets out how long we will keep different types of information. Once it is no longer necessary to continue processing your information, we will delete it securely and confidentially.
Data sharing
We will only share your information where it is appropriate to, with other council services such as social services, council tax etc and with other organisations, agencies, partners, government departments, such as:
- third parties we use to help deliver our services to you
- credit reference agencies
- DWP - Personal information charter
- HMRC - HMRC Privacy Notice
- DLUHC - Personal information charter
- Deposit Protection Service
- Safeguarding Adults Board eg multi agency risk assessment conferences (MARAC)
- Police
- Charities, Voluntary and Third Sector organisations we work with to help deliver our services to you such as
- Refugee Action York
- City Of Sanctuary
- York City Church
- Mears
- Migration Yorkshire
- Refugee Council
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. For example, we may share information about you with government agencies.
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 or agreements in place with them such as.
- Open Housing - Capita Privacy notice
- NEC software solutions Privacy Notice
- Inventory Base - Privacy Policy | InventoryBase
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.
When we use SurveyMonkey for our surveys or consultation etc you can find out how they use your information at Privacy Notice.
When we use Eventbrite for arranging and organising events etc you can find out how they use your information at Eventbrite Privacy Policy.
If you have subscribed to receive any of the council updates or newsletters, we use Granicus/Gov Delivery to send you these. You can find out how they use your information at Granicus Privacy Policy
Where we use WhatsApp to contact you, you can find out how they use your information at Privacy Policy - UK (whatsapp.com)
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