Purpose and lawful basis
When a complaint of Anti-Social Behaviour is made to us we need to collect information in order to thoroughly investigate and take appropriate action in relation to any concerns raised.
The lawful basis we will mainly rely on to process your personal data when investigating your complaint will be Article 6 (1) (c) of the General Data Protection Act to enable us, where necessary to take action under the Ant-Social Behaviour, Crime and Policing Act 2014.
As your tenancy agreement sets out our expectations about how you are expected to behave in our homes we will also process your information under Article 6 (1) (b) of the GDPR as it will be necessary for the performance of your contract with us.
If our investigation involves information relating to your ethinicity, race, sexual orientation, religion or health data we will process this under Article 9 (2) (g) of the GDPR and Schedule 1 Part 2 Paragraph 6 of the Data Protection Act 2018 for statutory purposes.
The lawful basis we will mainly rely on to process any evidence you provide to us such as CCTV, Audio, photographs etc will be Article 6 (1) (e ) of the GDPR – processing is necessary for the performance of a task carried out in the public interest.
If the dispute we are investigating is felt could be resolved through mediation we will, with your consent, make a referral to our mediation provider.
What we need?
When we receive an allegation of anti-social behaviour, we will need enough information from you to investigate the allegation thoroughly. This will normally include your contact details, the details of the complaint, evidence and any other third parties whom may be implicated in your complaint.
If you are the alleged perpetrator in the complaint we will need to gather information from you including evidence to ensure that we manage case fairly.
Depending on the nature of the allegations we may need to obtain information from third parties and work with external agencies.
Why we need to use it?
We will use your information to investigate the allegation and find a suitable resolution.
If you have made a complaint about another individual, for example, a neighbour, any additional evidence you have provided to support your complaint may also form part of actions we take against them including court applications. Should you not wish for your evidence to be used as part in this way please make us aware.
If you don’t want your information shared with the third party we will try to respect that however we are not always able to properly investigate allegations on an anonymous basis.
How long we keep it?
We retain our Anti-Social Behaviour case files from 6 years once they have been closed.
You have the right to access your personal data held in your application file by us. (Access)
You also have the right to have inaccurate data corrected and incomplete data completed. (Rectification)
You have the right to request us to pause the use of your data only if you have contested the accuracy whilst we verify your application or to stop it’s deletion in the case of a legal claim. (Restriction)
You have the right to receive or have transferred to another organisation information you have provided to us in a re-usable electronic format, if your complaint relates to the performance of your contract. (Data Portability)
You have the right to object to us processing your data where the processing is necessary for the performance of a task caried out in the public interest. You must provide specific reasons as to why you are objecting to the processing based on your particular situation. This is not an absolute right and we can refuse to comply if we can demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms of the individual (Objection)
Who we share the information with?
Sometimes we may need the involvement of external agencies such as the police or your local authority to investigate any allegations.
If your case progresses to court we will (where an objection has not been given) share the evidence you have provided to us with the court and as a result of this action, with the individual
If we undertake an investigation based on evidence you have provided this may also need to be shared with individuals (where an objection has not been given) as part of the investigation
If we take action against an individual based on evidence you have provided and that evidence puts the individual as the focus of that evidence, should they make a subject access request we may need to provide this evidence to them as this is also their personal information
If your case progresses to mediation we will refer to Link Mediation who provides this service.
None of your information will be transferred outside of the UK for this purpose.