Data Protection - what we do with your information
How we use and look after your information
In order that we can provide you with the services you want from us, we may hold information about you. We are registered and authorised to collect and use that information in accordance with the provisions of the Data Protection Act 2018 and the GDPR Regulations (EU 2016/679).
The GDPR and Data Protection Act sets out rules and conditions with which we must comply when we obtain and process information about you.
The GDPR is a Regulation of the European Parliament and the European Council. It was passed on the 27 April 2016 and, since 25 May 2018, it has become part of the data protection regime in the UK, along with the Data Protection Act 2018.
This all means that UK Data Protection laws have been updated and have set out rules and conditions which organisations, like EKH, must obey when obtaining and processing data about you.
East Kent Housing is committed to protecting your privacy and to keeping information about you securely. In this policy, we explain how and why we use your personal data to ensure you remain informed and in control of your information.
We will never sell information about you to anyone. If we share your data, it will only ever be with our partner organisations in order to provide you with services and only then if we are certain that its privacy and security are guaranteed.
The full policy is set out on this page – but if you don’t have time to read it all now, here’s a quick summary:
- We collect information about you that is either personal data (hyperlink to further down the page) or non-personal data (such as IP addresses, website pages accessed, etc);
- We collect information about tenants, leaseholders, housing applicants, employees, and anyone who applies for a job with us;
- We collect and use your personal data for several reasons, depending on how you interact with us and we only collect the information that we need of that would be necessary for us to provide the best possible service to you;
- We undertake to keep your personal information securely;
- We never sell your personal data and we will never share it with another company or charity for marketing purposes;
- We will not share your data, unless we are required to by law, or to organisations with whom we work where it’s necessary so that we can provide services to you and, only where the privacy and security of your data is guaranteed;
The law gives you some powerful rights with regard to the information that we hold about you. These will depend a bit on the legal basis for which we obtain and use your information and on the service that we’re providing. Bearing this in mind, you have the following rights:
- You have the right to ask us whether we hold personal information about you;
- You have the right to be given a description of personal data that we hold about you, any available detail as to the source of that information, details about the purposes for which we use or may use that information, and the persons or classes of persons to whom the data has been or may be disclosed;
- You have the right to know how long we’re likely to keep your data or, if that’s not possible, how it will be decided when it will be destroyed;
- You have the right to erasure which is also known as the ‘right to be forgotten’. This means that you can request us to delete or remove your personal data where there is no compelling reason for us to continue to process it;
- You may request that EKH stop processing your personal data in relation to a particular service that we provide. When processing is restricted, we are allowed to store your personal data but not to process it any further;
- You have the right to object to processing in certain circumstances. We must stop processing your personal data unless we can demonstrate compelling reason(s) for the processing, which override the public interests, your personal interests, rights, and freedoms, or that the processing is for the establishment, exercise, or defence of legal claims by or against EKH;
- You have the right to withdraw your consent to the processing of your personal data at any time. But do note that if you withdraw your consent we may be able to rely on another reason for processing, such as the public interest;
- You are entitled to request access to and/or be provided with a copy of any information that we hold about you; and
- If you find that the information that we hold about you is no longer accurate, you have the right to ask to have this corrected.
Why does EKH keep personal information about you?
We keep it so that we can provide you with the services that you require. For example, we may need to collect information from you, about your personal and family circumstances when we manage your tenancy. We may also need information about your financial situation. This information will be put into an electronic file, and we may add information that we get from other sources – for example, if we receive information from the DWP about any benefits that you receive.
Does EKH need your consent to use information about you for any purpose?
In some circumstances we will ask and rely on your consent to use your personal information. However, there are some situations where the law requires us to see information without your consent.
How do you ask to see information that we hold about you?
If you want to see what we hold about you, you should:
- Write to the Data Protection Officer at our Head Office address;
- Or email SAR@eastkenthousing.org.uk;
- We will ask you to provide us with proof of your identity and address, and details of the information that you require;
- We don’t charge you in most cases. However, if the request is manifestly unfounded or excessive, or where you make a request for additional copies of your data following an initial request, we may charge a ‘reasonable fee’ for administrative costs.
What will you receive in response to your request?
You are entitled to:
- Copies of information that EKH holds about you on both computer and paper records;
- A description of the purposes for which EKH uses your information; and
- A list of others who may have seen the information.
This will be provided to you within one calendar month, from the day that we receive the request until the corresponding calendar date in the next month. However, we can extend the time to respond by a further two months if your request is complex or where we have received a number of requests from you. Where this is the case, we will let you know within one month of receiving your request and explain the reason for the extension.
Is there any information that you won’t be able to see?
We are given information by lots of different people and sometimes this information is given to us in confidence. EKH must respect the wishes of those people and therefore would need to ask their consent to release this information to you.
Confidential information can include that given to EKH by doctors, the police, or members of the public.
EKH can only withhold information from you if there’s an exemption listed in the law. For example, the Data Protection Act 2018 states that we do not have to comply with your request where it is decided that complying would mean disclosing information about another individual who can be identified from that information.
Can other people see your file?
Other people, including members of your family, cannot see the information that we hold about you without your agreement. Likewise, we cannot show you information about members of your family without their permission.
How will you be given the information?
You are entitled to be given a copy to keep and check for accuracy. This will either be a printout from a computer, a photocopy of papers records or in electronic format, if you prefer.
What can you do if you think that information about you is wrong?
If you think that any information recorded about you is wrong, you should let EKH know. If we don’t agree that the information is wrong, you can ask to record your disagreement on your records. You can also appeal to the Information Commissioner or through the courts if the Council does not correct the information.
What can you do if you think that you haven’t been given all the information that you asked for?
You can contact EKH’s Data Protection Officer and ask for a review. If, after you’ve done that, you’re still not satisfied that you’ve been given all the information that you asked to see, you can appeal to the Information Commissioner. The Commissioner’s staff will look into the matter on your behalf.
What if EKH has breached the GDPR?
EKH is compelled by GDPR to notify the ICO of a breach within 72 hours of becoming aware of it, even if we do not have all the details at that point. We will also notify you without undue delay, where the breach is of a high risk.
If East Kent Housing has broken any of the rules or conditions established by the GDPR and the Data Protection Act, and you have suffered damage or distress, you may be able to claim compensation. You may also be able to claim compensation if the damage or distress was caused by EKH’s processing of your information. Claims are made through the court and to be successful, you must be able to prove that EKH had not taken reasonable care.