Property sales privacy notice

First published

24 Jul 2024

Last updated

24 Jul 2024

Property sales 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 data?

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 data?

The normal sale process involves the invitation of offers for the property to be sold and personal data is collected at this stage from all interested parties who have submitted bids.

This data is used to select a preferred bidder, after which the personal data of the successful party is used to put in place the sale of the property.

Personal data for the unsuccessful parties is retained in hard copy format within a paper property case file for audit purposes.

The type of personal information we collect

Individuals or Organisations. 

Name, address, telephone numbers, email address, occasionally bank account details, credit checks and credit references.

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

We process this personal data as it is necessary to enable a contract to be put in place with the data subject.

Where does the Council obtain personal data from?

Supplied by the individual or organisation. 

Initial bids to purchase an asset are usually received by Legal Services who then pass on the data to Estates and Commercial Property to decide on the preferred bidder.

Where does the Council keep personal data?

Paper or electronic format. Electronic data is held on the council network as well as within the corporate asset management systems.

How long does the Council keep personal data?

The information on the purchaser of a property is held in perpetuity to allow full tracking of the lifecycle of Council land and property assets. Publicly accessed records held at Registers of Scotland are searchable by owner, making this information useful in tracking assets in future. There is no current procedure for removal and disposal of this information from the paper file.

Who does the Council share personal data with?

This data is not shared.

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.

  • The right of access You have the right to request information 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.

  • The right to rectification - You are entitled to have your information rectified if it is factually inaccurate or incomplete. We must respond to your request within one month. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner

  • The right to erasure - You have the right to ask us to delete your information or stop using it. It will not always be possible for us to comply with your request, for example, if we have a legal obligation to keep the information. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner.

  • The right to restrict processing - You have the right to restrict how your data is processed in certain circumstances, for example, if the information is not accurate. If a restriction is applied, we can retain just enough information to ensure that the restriction is respected in future. We must tell you if we decide to lift a restriction on processing.

  • The right to data portability – You have the right to object to processing, if we are processing your personal data with your consent, and it is held in a structured, commonly used, machine-readable form, you have a right to ask us to transmit it to another data controller so they can use it. This right does not apply if we process your personal data as part of our public task.

  • The right to object - You can object to your information being used for profiling, direct marketing or research purposes.

  • You have rights in relation to automated decision making and profiling - to reduce the risk that a potentially damaging decision is taken without human intervention.

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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