Right to Buy Scheme privacy notice

First published

21 Aug 2024

Last updated

21 Aug 2024

Right to Buy Scheme privacy notice

Find out how Stirling Council uses personal data by checking the Council’s website at the following address:

https://www.stirling.gov.uk/privacy-statement/

Our website contains a Register of Data Processing which lists all the different ways
in which the Council uses personal data.

This Privacy Notice provides more information about just one of those processes.

Who do I contact about my personal information?

The Council has a Data Protection Officer to make sure it is complying with data protection laws.

They can be contacted at:

Data Protection Officer
Stirling Council
Old Viewforth
14-20 Pitt Terrace
Stirling
FK8 2ET

Email: dataprotection@stirling.gov.uk
Telephone: 01786 404040

Why does the Council process personal information?

Personal data is processed to enable tenants to apply to purchase the council house they are renting under the ‘Right to Buy’ scheme.

The type of personal information we collect

Personal data relating to the tenancy and any joint purchaser for the purpose of processing the application.

What makes it lawful for the Council to process this personal information?

The Council is processing personal data necessary for Right to Buy legislation.  This is covered by the GDPR Article 6(1)(c) - processing is necessary for compliance with a legal obligation to which the controller is subject.

Where does the Council obtain personal information from?

Data requested and supplied by the person making the application to be considered to purchase their Council house under the Right to Buy scheme. 

Where does the Council keep personal information?

Northgate housing database; electronic records on housing directory; paper records.

How long does the Council keep personal information?

Tenant files and tenancy agreements are destroyed 5 years after the ending of the tenancy. 

Who does the Council share personal information with?

Personal data is shared with housing associations, and other local authorities.  

We are legally obliged to safeguard public funds so we are required to verify and check your details internally for fraud prevention. We may share this information with other public bodies (and also receive information from these other bodies) for fraud checking purposes.

We are also legally obliged to share certain data with other public bodies, such as HMRC and will do so where the law requires this. We will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate.

Your rights

You have the following rights under data protection laws. If you have a request under any of these rights, you can make a subject access request.

Access to your information

You have the right to request a copy of the personal information that we hold about you. This is known as a subject access request and is free of charge.  We must respond within one month, although this can be extended to three months if the information is complex.

Correcting your information

We want to make sure that your personal information is accurate, complete and up to date. Therefore you may ask us to correct any personal information about you that you believe does not meet these standards.

Deleting your information

You have the right to ask us to delete personal information about you where:

  • you think that we no longer need to hold the information for the purposes for which it was originally obtained
  • we are using that information with your consent and you have withdrawn your consent - see the 'withdrawing consent to using your information' section below.  Please note that in general we do not rely on consent as the legal basis for processing your personal information
  • you have a genuine objection to our use of your personal information - see 'objecting to how we may use your information' below
  • our use of your personal information is contrary to law or our other legal obligations.

Objecting to how we may use your information

You have the right at any time to tell us to stop using your personal information for direct marketing purposes, profiling or research purposes. 

Restricting how we may use your information 

In some cases, you may ask us to restrict how we use your personal information.  This right might apply, for example, where we are checking the accuracy of personal information that we hold about you or we are assessing the objection you have made to our use of your information. 

This right might also apply if we no longer have a basis for using your personal information - but you don't want us to delete the data.  Where this right is realistically applied will mean that we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.

Withdrawing consent to use your information

Where we use your personal information with your consent, you may withdraw that consent at any time and we will stop using your personal information for the purpose(s) for which consent was given.

Your request to transfer your data

If we are processing your personal information with your consent or as part of a contract with you, and it is held in an accessible and machine-readable format, you have a right to ask us to transmit it to another organisation. This is known as the right to data portability.

Our profiling or automated decision-making processes

We make some use of automated decision-making processes but very little use of profiling.  Where these techniques are used, this will be explained in the specific privacy statements relating to those functions, together with a description of the reason involved in any automated decision-making.

Complaints and comments

If you want to complain about or comment on how we have processed your personal information, you should email dataprotection@stirling.gov.uk

If you are still unhappy with how the council handled your complaint, you can contact the UK Information Commissioner's Office at:

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Phone: 0303 123 1113

You can find further information on the Information Commissioners Office website.

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