Houses in Multiple Occupation Privacy Notice
Service being provided
Processing and assessing Houses in Multiple Occupation (HMO) licence applications, including carrying out "fit and proper person test" for HMO applicants.
To establish and maintain a register of all licensed HMOs and Temporary Exemption Notices (TENs).
Categories of personal data we need to collect
- Name
- Address
- Contact Details
- Financial
- Date of Birth
Categories of ‘special’ personal data we need to collect
- Criminal record information (for the purposes of assessing the “fit and proper person” test)
Consequences of failing to provide personal data
If you do not provide the required personal data it may delay your application or prevent you from holding a licence for a House in Multiple Occupation.
Data Controller and Processors
The Data Controller is Worcester City Council
The Data Protection Officer for Worcester City Council can be contacted at
Civica and Malvern Hills District Council are Data Processors supporting this purpose.
Purpose of Processing
- To assess and determine applications for HMO licences
- To carry out “fit and proper person” checks on applicants
- To issue, manage and enforce HMO licences
- To maintain and publish the statutory register of licensed HMOs and Temporary Exemption Notices
- To investigate breaches of HMO licensing requirements
- To prevent and detect fraud or unlawful activity
- To monitor and improve the service
Lawful basis for processing personal data
Article 6(1)(c) – Legal obligation. Processing is necessary to comply with legal obligations under housing and licensing legislation, including:
- Housing Act 2004
- The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
- The Management of Houses in Multiple Occupation (England) Regulations 2006
- Protection from Illegal Eviction Act 1977
Article 6(1)(e) – Public task. Processing is necessary for the performance of a task carried out in the public interest and in the exercise of official authority vested in the Council.
Lawful basis for processing criminal offence data
Processing of criminal offence data is carried out in accordance with Article 10 of the UK GDPR and supported by Schedule 1 of the Data Protection Act 2018, including conditions relating to statutory purposes and regulatory requirements.
Source of data
- HMO Licence Applications and supporting documentation
- Correspondence with applicants and license holders
- The data subject (you directly)
Who we share the information with
We may share your information where necessary with:
- Internal council departments (e.g. Environmental Health, Planning, Electoral Services)
- Other local authorities and regulatory bodies such as the Fire service
- Law enforcement agencies where required
We are required under the Housing Act 2004 to maintain a public register of licensed HMOs. This includes certain personal information such as the licence holder’s name and address, which may be disclosed to members of the public upon request.
Civica and Malvern Hills District Council provide services in support of this function. Where they process personal data on behalf of the Council, appropriate data processing agreements are in place.
Details of data transfers outside the UK and safeguards in place
Where personal data is transferred outside the UK, appropriate safeguards are in place, such as adequacy regulations or approved contractual clauses.
Automated decision-making
We do not carry out automated decision-making or profiling in relation to this processing.
How long we hold your information
We will retain your information in accordance with our retention schedule. Records relating to HMO licensing are typically retained for several years in line with regulatory, enforcement and audit requirements.
Your rights
You have rights under UK GDPR, including the right to:
- access your personal information
- ask us to correct incorrect or incomplete information
- ask for your information to be deleted (in certain circumstances)
- restrict how your information is used
- object to certain uses of your information
- request your information in a commonly used format (data portability)
- understand and challenge automated decisions and profiling.
We may not always be able to agree to a request if the law requires us to keep or use your information.
Complaints and further information
If you have questions or concerns about how your information is used, please contact the Data Protection Officer:
Email:
Phone: 01905 722233
Postal address:
Data Protection Officer
Worcester City Council
The Guildhall
High Street
Worcester
WR1 2EY
If you remain dissatisfied, you have the right to complain to the Information Commissioner’s Office (ICO):
Website: https://www.ico.org.uk
Phone: 0303 123 1113
Postal address:
Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Changes to this notice
We may update this privacy notice from time to time. The latest version will always be available on our website.
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