Privacy Notice for Property Services

Data Controller:

Mole Valley District Council (MVDC) is the body exercising control over the purpose for which and the manner in which your personal data is processed.

Data Controller’s contact details:

MVDC Pippbrook, Dorking RH4 1SJ. Telephone: 01306 885001.

Data Protection Officer:

Mr Tom Penlington (Solicitor). Telephone: 01306 879354

The legal basis for and the purposes of the processing:

MVDC has a duty to provide property advice to internal clients and external clients where this is permitted, specifically regarding properties owned by MVDC. Some of the information that you provide to MVDC is passed to our property services as we may not be able to work on a property matter without this information. This information is necessary for us to comply with statutory matters, landlord and tenant matters and in order for us to issue licenses for the Pop Up Project in the Swan Centre, Leatherhead.

Property Services are able to process relevant personal information. This is because one or more of the conditions referred to below, as set out in the UK GDPR/ Data Protection Act 2018 apply:

• in some cases processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
• processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (and if sensitive personal data this is necessary for the establishment, exercise or defence of legal claims);MVDC is under a legal duty to process your personal information.
• In respect of sensitive personal information, processing may be necessary for reasons of substantial public interest

(The full text for the above conditions are set out in articles 6 and 9 of the UK GDPR).

The source of the personal data:

We hold a wide range of personal information and sensitive personal information so far as this is relevant to the legal issue being considered. This may include names, addresses and other contact details, date of birth, financial and social information as well as special category data.

The information we hold is provided to us by other internal MVDC service areas, but also from external services such as Instructing Officers, External solicitors, Surveyors, Agents, Partner Organisations and, where appropriate, other sources

Recipients and categories of recipients of the personal data:

The data you provide is received by the MVDC Officer/ Department you have directly contacted and is only shared with Property Services if it is required in order for them to perform their duty. Property Services may need to instruct Instructing Officers, External solicitors, Surveyors, Agents, Partner Organisations and, where appropriate, other sources.

MVDC Property Services stores information on Concerto (the council’s asset management system, electronic and paper files).

Further information on onward transfers:

MVDC will not transfer the personal data you have provided outside of the UK or European Union unless this is permitted in accordance with the Data Protection Act 2018

How long the personal data will be kept for:

The personal data you have supplied will be retained and destroyed in accordance with MVDC’s Records Retention and Disposal Schedule.

Statutory Obligations to provide the personal data:

There is no statutory obligation on you to provide any personal data about you, however, if you do not we may be unable to provide property services.

Automated Decision Making:

The personal data provided by you will not be used for any automated decisions.

Data Subject Rights:

From 25 May 2018 you will have some specific rights in respect of your personal data. These may include some or all of the following rights to:

• see what personal data about you MVDC holds at any time (subject to certain caveats, for example where third parties are identified);
• have MVDC correct any errors (if any) in the personal data it holds about you
• request your personal data is erased (though this right will not apply where MVDC is processing your personal data because it is necessary to comply with a legal obligation).
• Request processing of your personal data is restricted (this will only apply in certain situations, for example where its accuracy is contested, where the processing is unlawful and you oppose its proposed erasure by MVDC, or where MVDC no longer needs to process the personal data but it is required by you in connection with legal claims).
• Following any changes to your personal data made as a result of (i) rectification, (ii) erasure, or (iii) restriction, MVDC will inform any third party recipients of the changes made, unless this is impossible or would involve disproportionate effort.
• object to the processing where the processing is necessary for a task carried out in the public interest or in the exercise of official authority vested in the data controller (though MVDC will still be able to continue with the processing in certain circumstances, such as if there are compelling grounds for the processing which override your interests).
• The Right to data portability which provides you with the right to receive personal data (which you have previously provided to MVDC) in a commonly used and readable format.

Will the personal data be processed for a different purpose?

No. If MVDC needs to inform recipients about any action it has taken under the Data Protection Act then it will do so by placing a Notice on MVDC’s website informing the public of any relevant changes

If you are dissatisfied with how your personal data is processed by MVDC then you have the right to complain to the Information Commissioner who can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF.