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Gypsy Roma Traveller Resident Service privacy notice

Kent County Council (KCC) collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the United Kingdom General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. We are responsible as ‘controller’ of that personal information.

Who we are

KCC Gypsy Roma Traveller (GRT) Resident Service provides a safe environment for GRT communities to live in Kent. In doing so, KCC collects personal data during the application process, supported by an allocation policy which ensures that pitches are allocated fairly and where there is most need, and this data is then used throughout the duration of the residency on a KCC owned or managed site.

Our Data Protection Officer is Benjamin Watts.

Personal information we collect and use

Information collected by us

During processing your application for a pitch on a KCC owned Gypsy and Traveller site, we collect the following personal information when you provide it to us:

  • name
  • current address
  • date of birth
  • National Insurance number
  • contact details (telephone number/email address)
  • immigration control status
  • names and dates of birth for all family members residing with you
  • existence of any benefits claimed and supporting evidence
  • existence of any medical conditions and supporting evidence (special category data)
  • existence of any criminal convictions

We recognise that personal information concerning criminal convictions and offences is not special category personal data but is a very sensitive type of personal information which can only be shared in narrow circumstances.

Once a resident on a KCC owned or managed site, this data will be updated and refreshed regularly to enable KCC to provide a suitable and beneficial service to all our Residents.

How we use your personal information

Firstly, we use your personal information to assess your application and carry out a range of checks that you consent to as part of the application process, in accordance with the KCC Gypsy and Traveller Pitch Application Policy 2023 and any relevant updates due to changes in legislation.

Once we have assessed your application, you will be placed on our waiting list. When a pitch becomes available on your chosen site, your application will be considered as per the KCC Gypsy and Traveller Pitch Application Policy. If your application is invalid due to lack of supporting documents or information provided, then your application and all personal details will be securely destroyed.

If you are successful in your application for a pitch licence agreement, the complete application form will be used as the basis for your pitch licence agreement. At the initial application stage, you are asked to confirm if any criminal convictions exist and consent to further checks being carried out. At the point you reach the top of the waiting list checks will be carried out with Kent Police and your personal information will be used to facilitate these checks. Information about this process can be found in the KCC Gypsy and Traveller Pitch Application Policy 2023.

If you are unsuccessful in your application for a pitch, in most cases your application will be returned to the waiting list. However, if the results of the mandatory checks show that you are not suitable for a pitch or if a pitch is not accepted by you, your personal details will be destroyed after 12 months. In this case, you will be written to explaining this.

After this, your personal information will be securely stored and used to fulfil our landlord responsibilities and to provide effective and appropriate site management services. Personal data may also be provided by you to us, to allow us to assist you as part of our liaison and support role.

How long your personal data will be kept

Your details will be held on the ‘waiting list’ for as long as you wish to remain on it. You are responsible for updating the KCC Gypsy and Traveller Service annually with any changes to your circumstances or personal details, so we can update our records accordingly. If your circumstances change and you no longer need or wish to remain on our waiting list you must inform us, so we can permanently remove your details from our waiting list, files and database systems.

If you are successful in your application for a pitch agreement with KCC, your completed application including all personal details will be used as the basis for your pitch licence agreement and will be stored securely by the KCC Gypsy and Traveller team for the duration of your pitch licence agreement and for 3 years after the end date in accordance with the Council’s data retention policy. After this time, all documents and information will be securely destroyed.

If you are unsuccessful in your application for a pitch, in most cases your application will be returned to the waiting list. However, if the results of the mandatory checks show that you are not suitable for a pitch or if a pitch is not accepted by you, your personal details will be destroyed after 12 months. In this case, you will be written to explaining this.

Reasons we can collect and use your personal information

We rely on Article 6(1)(e) as the lawful basis on which we collect and use your personal data, i.e. that ‘processing is necessary for the performance of a task carried out in the public interest’ as a local authority, under statutory guidance and following the National Planning Framework KCC are encouraged to provide sites for travellers. Additionally, the processing of your personal data at the application stage is ‘necessary for the performance of a contract’, which in this case, is the pitch licence agreement.

When we collect your ‘special categories of personal data’, (such as health, race, ethnicity, sexual orientation) we rely on Article (9)(2)(a) - the individual has given explicit consent to the processing of those personal data for one or more specified purposes, specifically the completion of verification checks with partners.

We rely on the substantial public interest condition from Schedule 1 of the Data Protection Act 2018 when relying on Article(9)(2)(g) to process your special category data, specifically the statutory and government purposes condition and the equality of opportunity or treatment condition.

We might occasionally need to rely on the processing of special category data for the establishment, exercise or defence of legal claims should we need to take any legal advice.

Who we share your personal information with

We do not routinely share any of your personal information. However, for us to allocate pitches responsibly and in the best interests of both applicants and existing site residents, due diligence checks will be completed with Kent Police and other partners with your consent and in doing so, we will share your name and date of birth with them.

We may share personal information with our legal and professional advisers in the event of a dispute, complaint or claim. We rely on Article 9(2)(f) where the processing of special category data is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity

We will share personal information with law enforcement or other authorities if required to do so by applicable law. Where any activity is identified or information which suggests/evidence criminal or unlawful activity, this may be shared for law enforcement purposes which includes the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.

In the event that site management services transfer to another Local Authority, all personal data held by KCC for the purposes of site management, will be shared with the Local Authority.

Your rights

Under the GDPR you have rights which you can exercise free of charge that allow you to:

  • Withdraw your consent at any time, which will halt the application process
  • Know what we are doing with your information and why we are doing it
  • Ask to see what information we hold about you (subject access request)
  • Ask us to correct any mistakes in the information we hold about you
  • Object to direct marketing
  • Make a complaint to the Information Commissioner's Office

Depending on our reason for using your information you may also be entitled to:

  • Ask us to delete information we hold about you
  • Have your information transferred electronically to yourself or to another organisation
  • Object to decisions being made that significantly affect you
  • Object to how we are using your information
  • Stop us using your information in certain ways

We will always seek to comply with your request however we may be required to hold or use your information to comply with legal duties. Please note: your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individuals’ rights under the GDPR.

Keeping your information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Who to contact

Please contact the Information Resilience and Transparency Team at data.protection@kent.gov.uk to exercise any of your rights, or if you have a complaint about why your information has been collected, how it has been used or how long we have kept it for.

You can contact our Data Protection Officer, Benjamin Watts, at dpo@kent.gov.uk.

UK GDPR also gives you right to lodge a complaint with Information Commissioner, who may be contacted via the Information Commissioner's website or call 03031 231113.

Read our corporate privacy statement.