Income and Awards Privacy Notice
Introduction
The income & Awards section of Powys County Council undertakes a wide variety of functions, and in doing so will gather personal data. We are committed to protecting the rights of individuals in line with the current Data Protection Legislation.
Why we collect your data
Awards department - Powys County Council as a data controller collects your personal data in order to work out your entitlement to housing benefit, council tax reduction, discretionary housing payment, isolation payments, free school meals, disabled facilities grants, flood grants and/or social care charges. We will only collect the personal data from you we need in order to provide these services to you and process your data in a fair and lawful way.
Council Tax and Business Rates department -Powys County Council as a data controller collects your personal data in order to bill, collect and recover Council tax and Business Rates or provide any business grants on behalf of Welsh Government (e.g. Covid/lockdown grants or flood grants). We will only collect the personal data from you we need in order to provide these services to you and process your data in a fair and lawful way.
Sensitive Personal Data
As part of the application process, for these services Powys County Council may collect personal data, including sensitive personal data about you and your family.
This information collected may include:
Awards Department
- Details about you and your partner, such as date of birth, national insurance number, address, health data, income, welfare benefits, savings, rent and landlord details.
- Details about other people that live with you, such as children and other adults, including their dates of birth, health data, welfare benefits, income and savings.
Council tax
- Details about you and your partner, such as your address, bank details, health data and personal circumstances.
- Details about other people that live with you, such as children and other adults, including their address, health data and personal circumstances.
- Telephone numbers and email addresses.
Business Rates
- Details about you and your partner, such as your address, dates of occupation and non-occupation and bank details.
- Telephone numbers and email addresses.
We will check some of the information with other sources to ensure the information you have provided is accurate
Accurate Information
It is important that we hold accurate and up to date information about you in order to assess your needs and deliver the appropriate services. If any of your details have changed, or change in the future, please ensure that you tell us as soon as possible so that we can update your records.
What is lawful basis for processing the data
Legal Obligation - The basis for gathering and processing your data is our legal obligation under the following legislation:
- Social Security Administration Act 1992, as amended
- Housing Benefit Regulations
- the Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013, as amended
- Local Government Finance Act 1992, as amended
- Social Services and wellbeing Wales Act 2014
- The prevention/detection of crime, including false representation in accordance with the Fraud Act 2006
- The Council Tax (admin and Enforcement) Regs 1992, as amended
Consent-Your consent when you complete and sign the application forms for the services contained within this privacy notice. Consent can be withdrawn at any time by notifying us. Consent is unable to be withdrawn in cases for the prevention of crime.
When will we share your data
The council will use your personal data for the purpose it was provided for, and other compatible reasons to ensure you receive the services you are entitled to receive.
This may involve sharing personal data within the Income & Awards section to ensure you have access to all services and awards you are entitled to are calculated and granted including the awarding of council tax discounts and exemptions.
Data will be shared with our contractors (data processors), who provide elements of the service for us.
To process any claim, we share information under our legal obligations and with partner organisations, including:
- Government departments in connection to a welfare benefit claim
- The Department for Work and Pensions
- Welsh Government
- Wales Audit Office
- National Fraud Initiate (NFI)
There may be occasions when your information may need to be shared, internally within the council and also with external organisations where we required to do so by law, in the:
- detection of fraud,
- prevention of crime,
- to safeguard public safety,
- and in risk of harm or emergency situations.
Any information which is shared will only be shared on a need to know basis, with appropriate individuals. Only the minimum information for the purpose will be shared
- The police
- HMRC
- Imposition of Tax collection
- Rent Smart Wales
- Rent Officer Service
- Health and social care organisations
- Internal Council departments- trading standards, planning & environmental health.
- Valuation Office Agency
We will not:
- Use your information for marketing or sales purposes without your prior explicit consent.
- Send or store your data abroad
- Make decisions about you based on automated processing
Data Processors
Data processors are third parties who provide elements of our services for us, such as IT systems and suppliers who handle or collect personal data on behalf of the Council.
We have contracts in place with our data processors and a data processing agreement. This means that they cannot do anything with your personal information unless we have instructed them to do so.
They will not share your personal information with any organisation apart from the Council or approved sub-contractors. Data processors are required to hold any personal information securely and to retain it for the period we instruct. Current data processors are:
- Northgate Public Services LTD- host provider of the legacy computer system
- DSI Billing Ltd - format, print & issue benefit Notifications
- Excel Civil Enforcement Ltd - who are the Councils contracted enforcement agents
- Data Tank, Callcredit & Experian - Credit reference agency who undertake reviews and verification, fraud prevention and to pursue debt.
How we keep your data safe
We will take appropriate steps to make sure that the personal information we hold, in paper format or electronically, is kept securely and only used by people who are authorised to do so.
The Council's security measures include encrypting personal data and equipment, system access controls and training in data protection to all staff.
Where another company or organisation processes personal information on behalf of the Council, they will only process your personal information in line with the Council's instructions. They are obliged to provide security assurances to the Council.
How long will we keep your data
We will only keep your information for the minimum period necessary. The information outlined in this privacy notice will be kept after all action on your claim has finished and the period required by the council for legal and audit purposes has passed. All information will be held securely and destroyed confidentially when retention date is reached.
Your rights
- Data Inaccuracies- You have the right to request that any inaccuracies in your personal data be corrected. Please notify us in writing, what you believe is incorrect and what it should be replaced with. Write to Income & Awards, PO Box 71 Llandrindod Wells, Powys, LD1 9AQ.
- Withdraw consent - If the processing of data is based on consent you can request the consent be withdrawn. Write to Income & Awards, PO Box 71 Llandrindod Wells, Powys, LD1 9AQ.
- Access to personal data -You may request access to personal data we hold about you. Subject access requests should be made in writing to the Data Protection Officer.
How to make a complaint
If you are unhappy with the way in which your personal data has been processed you may in the first instance contact the Powys Data Protection Officer by writing to:
Data Protection Officer,
Powys County Hall,
Spa Road East,
Llandrindod Wells,
Powys,
LD1 5LG
Email: foi@powys.gov.uk
Telephone: 01597 826000
If you remain dissatisfied, then you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Data Protection Officer
Below are the contact details of the Data Protection Officer:
Data Protection Officer,
Powys County Hall,
Spa Road East,
Llandrindod Wells,
Powys,
LD1 5LG
Email: foi@powys,gov,uk
Direct Debit Guarantee
- A Direct Debit Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits.
- If there are any changes to the amount, date or frequency of your direct debit Powys County Council will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request Powys County Council to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
- If an error is made in the payment of your Direct Debit, by Powys County Council or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society.
- If you receive a refund you are not entitled to, you must pay it back when Powys County Council asks you to.