Short-term let licensing 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.

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

The Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022 requires that hosts/owners and operators must be licensed and be assessed as fit and proper, where they use a property as a Short-term Let.

The information hosts/owners and their operators or agents provide is prescribed by legislation and it is a requirement to provide this information if you wish to operate a Short-term Let

Name and current address (if different from the premises for which a short term licence is sought)

• Your date and place of birth 
• Address history for the last five years   
• Contact information including telephone number and email 
• Bank payment details
• The name and address of any agent or day to day manager or joint owner 
• The date of birth of any agent, manager or joint owner
• Address history of any agent, manager or joint owner over the last five years 
• Contact information including telephone and email of any day to day manager or joint owner
• Details of any convicted offences, including unspent convictions for those named on the application.
• Objections – We will hold the name and address of any individuals that place an objection.

UK GDPR Article 6(1) (c) processing is necessary for compliance with a legal obligation to which the controller is subject.

The Council must have the required information in order to determine compliance with the legislation as set out in the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.

The information provided on the application by the hosts/ owners and operators

Within a filing system in a secure office which has limited access, as well as on Stirling Council secure network drive.  

The Council will hold your information for 3 years from the date the licence is surrendered, refused or revoked. 

The information provided will be shared with other Council departments, elected Members, Police Scotland and the Scottish Fire and Rescue Service. It may also be shared where required by law. 

Information about specific licence applications is made available to the public via our online register of applications. This information includes:

• the address of the accommodation your licence will cover
• Managing agents company name, name of agent and address

When consent is confirmed by the Objector, we will pass over the details of any objections to the Applicant.  This will include the name and address of the Objector.

Data will be shared with the Scottish Government for statistical and research purposes, which may involve some additional data linkage for analysis purposes where appropriate

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.

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.