Who we are
Tonbridge and Malling Borough Council (TMBC) 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. Our Data Protection Officer is Adrian Stanfield.
TMBC will work with you under the Homes for Ukraine Scheme as a sponsor. As a local authority, Kent County Council (KCC) will provide vetting and safeguarding checks, and will share your personal information with district and borough councils, to complete further checks to ensure suitability.
Personal information we collect and use
Information collected by us
We will collect the following personal information when you provide it to us or receive from the Home Office or Department of Levelling Up, Communities and Housing or any other council:
- personal information for example your name, address, date of birth, age, sex, details of property, passport details, other ID details, immigration status, length of time at address, district or borough council, confirmation of identify check, confirmation of vetting and safeguarding checks
- contact details for example your email address, telephone number
- information relating to sponsorship for example sponsorship permission to be in the UK for more than six months, sponsor right to remain in the UK for more than six months
- information relating to individuals living in the same household for example descriptions listed in personal information, contact details, information relating to sponsorship
We also collect the following ‘special category data’ (personal data which is more sensitive and is treated with extra care and protection) when you provide it to us:
- information about your nationality
- information about you and your circumstances for example are you or an individual living in the same household being supported or receiving a service from KCC adult social services or children's services
Other information relating to criminal and safeguarding checks (including outcomes or flags) will also be collected by us or be provided by the Home Office or Department of Levelling Up, Communities and Housing.
How we use your personal information
We use your personal information to:
- support the delivery of the Homes for Ukraine Scheme
- ensure sponsors and their households undertake vetting (DBS) checks and enhanced checks where necessary
- ensure sponsors and their households undertake safeguarding checks where necessary. A check will be carried out to identify if you or an individual in your household are being supported or are receiving a service from KCC adult social services or children's services
- contact you regarding your application for example missing information, clarification on information provided, to arrange visit and so on
- offer you services to prepare your home for hosting for example fire checks, gas safety checks
- share relevant information with KCC to complete further checks to ensure suitability
The sharing of information facilitates a joined-up approach with partner agencies, to ensure support to the delivery of the Homes for Ukraine Scheme.
Reasons we can collect and use your personal information
When we collect your personal data, we rely on the following legal bases:
- Article 6(1)(e) - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
When we collect your ‘special categories of personal data’, (such as health) we rely on the following legal bases:
- Article 9(2)(g) - processing is necessary for reasons of substantial public interest, on the basis of domestic law 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
We rely on the Statutory etc and government purposes from Schedule 1 Part 2 of the Data Protection Act 2018 when relying on Article(9)(2)(g) to process your special category data.
We take the following appropriate safeguards in respect of your special category data when relying on the conditions above:
- we have an Appropriate Policy for Lawful Processing which explains how the data protection principles are secured when using special category information. This policy is retained throughout the time we use your data and for six months after we cease to use it
- we maintain a record of our processing in our ‘Record of Processing Activities’ and record for any reasons deviating from the periods in our retention schedule
If you do not provide your data, it will limit the progression of your application and we may not be able to further your application to become a sponsor.
How long your personal data will be kept
We will only hold your personal information for as long as necessary. Personal data shall be retained for two years upon closure of the scheme, unless the Department for Levelling Up, Communities and Housing and the Home Office identify that continued retention is necessary before two years of closure.
Who we share your personal information with
In the course of working with you, we may collect information from, or share it, with some of the following third parties (non-exhaustive list):
- Home Office
- Department for Levelling Up, Housing and Communities
- KCC
- contact centre for KCC (processing your application)
We may also share personal information with other relevant teams for example KCC adult social services and children's services and so on to process the information so this can be used to complete safeguarding checks and distribute information to relevant local authority councils.
Each organisation listed above will ensure they have the relevant agreements in place to be able to process your personal information.
This data sharing enables us to ensure the delivery of the Homes for Ukraine Scheme.
We will share personal information with law enforcement or other authorities if required by applicable law or in connection with legal proceedings.
We will 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.
Keeping your personal 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.
Requesting access to your personal data
Under data protection legislation, you have the right to request access to information about them that we hold. To make a request for your personal information please contact Adrian Stanfield, the Council’s Data Protection Officer at foi@tmbc.gov.uk.
You also have the right to:
- object to processing of personal data that is likely to cause, or is causing, damage or distress
- prevent processing for the purpose of direct marketing
- object to decisions being taken by automated means
- in certain circumstances, have personal data rectified, blocked, erased or destroyed
- claim compensation for damages caused by a breach of the data protection regulations
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at Raising a concern .
Further information
If you would like further information about this privacy notice, please contact Adrian Stanfield, the Council’s Data Protection Officer at foi@tmbc.gov.uk.
The Council collects and uses personal information for a number of purposes across all of its departments and functions. To find out more about how the Council uses the personal information it collects, please refer to the Corporate privacy notice.