Gypsy and Traveller/Boat Dweller Accommodation Assessment Study - Privacy Notice

Who the council is and what the council does

West Oxfordshire District Council is a data controller under the Data Protection Legislation as the council collects and processes personal information about you in order to provide services and meet their statutory and regulatory obligations.

The National Planning Policy Framework (NPPF) and subsequent legislation requires councils to identify sites to meet the accommodation needs of all communities within their area. This includes the needs of the Gypsy, Travellers, Travelling Show People and Boat Dwellers.

This notice explains why the council asks for your personal information, how that information will be used and how you can access your records.

Any questions regarding our privacy practices should be sent to:

Data Protection Officer (DPO)
West Oxfordshire District Council
Council Offices, Witney, OX28 1NB
Email: data.protection@westoxon.gov.uk
Tel: 01993 861194

Why the council needs your information and how the council uses it

The purpose of undertaking the questionnaire is to identify the accommodation requirements of members of the Gypsy and Traveller community and Boat Dwellers living or passing through our district.

It provides evidence on:

Existing Gypsy, Traveller and Boat Dweller population and accommodation.
Assessment of future accommodation needs for Gypsy, Travellers, Travelling Show People and Boat Dwellers.
Review of wider service and support needs.

The accommodation assessment has been prepared in consultation with the travelling community. It will be used to inform housing and planning policy and when making decisions on planning applications for Gypsy, Traveller, Travelling Show people and Boat Dweller sites. The information may also be used in the future to evaluate and remodel services / priorities etc.

All information provided by the questionnaire will be anonymised and individuals will not be able to be identified from the analysis which will be published by us in the GTAA/BDAA report.

The council does not sell your personal information to anyone else.

What is the legal process for collecting and processing this data

Under the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, the lawful bases we rely on for processing this information are:

UK GDPR Article 6 (1) (a) Consent – the data subject has given consent to the processing of his or her personal data for one or more specific purposes
UK GDPR Article 6 (1) (e) Public Task – processing is necessary for the performance of a task carried out in the public interest in the exercise of official authority vested in the council.
UK GDPR Article 6 (1) (c) Legal Obligation – processing is necessary for compliance with legal obligation to which the council is subject. The Local Authorities are obliged to undertake Gypsy Traveller Accommodation Assessments in order to identify accommodation needs of the Gypsy Traveller community in their areas. There is a prescribed methodology for undertaking assessments and Local Authorities are expected to make provision for resolving unmet need identified.

The lawful basis on which we collect and use special category data is that:

Article 9(1)(a) of the Data Protection Act - Processing special category data due to Explicit consent
Article 9(2)(g): Processing is necessary for reasons of substantial public interest (statutory purposes, equality of opportunity and safeguarding of economic well-being of certain individuals)
Article 9(2)(h): Processing is necessary for the provision of health or social care
Article 9(2)(j): Processing is necessary for statistical purposes (which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject).

What type of information is collected from you

Personal details, which may include:

Family structure
Address
Type of dwelling
Gender
Age

Special categories of personal data:

Ethnicity
Health

We will not purposely collect any special category data.

The above list is not exhaustive. The council will only ask for personal information that is appropriate to enable us to deliver our services. In some cases you can refuse to provide your details if you deem a request to be inappropriate. However, you should note that, this may impact on our ability to provide some services to you.

We collect this information by:

in person

Who your information may be shared with (internally and externally)

The information you provide when responding to the questionnaire will not be shared with others unless we have a legal duty to do so.

We will not normally share your information with organisations without your consent. However the council will use the information for the purpose of performing any of its statutory enforcement duties. It will make any disclosures required by law and may also share this information with other bodies responsible for detecting/preventing fraud or auditing/administering public funds.

Your information will not be disclosed to any other organisations, except where the council is required and allowed to by law, to safeguard public safety and in risk of harm or emergency situations.

The council will not share your information with third parties for marketing purposes.

How long the council keeps your information (retention period)

We will retain your information for a maximum period of 5 years, commencing once the Gypsy and Traveller/Boat Dweller Accommodation Assessment has been completed.

Once your data is no longer needed it will be securely and confidentially destroyed or disposed of the data in line with retention schedules.

How the council protects your information

Your data is stored securely on our systems and accessed only by authorised officers using their own username and password created in line with pre-defined user credentials. Personal data is also held in electronic files on the council’s network drives. These are only accessible through personal logon credentials and access privileges to specific drives. Access to our council sites require a personal electronic pass to access staff only areas. The council has strict procedures for the way this is done. Any and all information about you is treated as confidential and with respect. There are also clear rules and guidance about storing, recording and sharing information which staff receive training on.

The council will not transfer your personal data outside the EU without your consent.

The council have implemented generally accepted standards of technology and operational security in order to protect personal data from loss, misuse or unauthorised alteration or destruction.

Please note however that where you are transmitting information to us over the internet this can never be guaranteed to be 100% secure.

The council will notify you promptly in the event of any breach of your personal data which might expose you to serious risk.

Your rights

You have the following rights under the Data Protection Legislations:

To access your personal data
To be provided with information about how your personal data is processed
To have your personal data corrected
To have your personal data erased in certain circumstances
To object to or restrict how your personal data is processed
To have your personal data transferred to yourself or to another business in certain circumstances
To be told if the council have made a mistake whilst processing your data and the council will self-report breaches to the Commissioner.

How you can access, update or correct your information

The Data Protection law gives you the right to apply for a copy of information about yourself. This is called a ‘Subject Access Request'.

If you wish to see a copy of your records you should contact the Data Protection Officer. You are entitled to receive a copy of your records free of charge, within a month.

In certain circumstances access to your records may be limited, for example, if the records you have asked for contain information relating to another person.

The accuracy of your information is important to us to be able to provide relevant services more quickly. The council is working to make our record keeping more efficient. In the meantime, if you change your address or email address, or if any of your circumstances change or any of the other information the council holds is inaccurate or out of date, please email us or write to us at:

Planning and Sustainable Development
West Oxfordshire District Council
Council Offices, Witney, OX28 1NB
Email: customer.services@westoxon.gov.uk

Further information

If you would like to know more about how the council uses your information, or if for any reason you do not wish to have your information used in any of the ways described in this privacy notice, please contact the Data Protection Officer at data.protection@westoxon.gov.uk.

For more information about data protection please visit: www.westoxon.gov.uk/about-the-council/council-data-and-information/data-protection/

For more information about the survey, please read:

If you are concerned about the way the council is handling your personal information you can contact the Information Commissioner (ICO): https://ico.org.uk/make-a-complaint/

The council reserves the right to update this privacy notice from time to time by publishing a new version on our website.