Privacy and Personal Data

South Hams District Council are committed to protecting and respecting your privacy and will inform you of how we process your information.

Privacy Notice - Council Tax

South Hams District Council takes your privacy seriously.

This notice sets out what we will do with your personal information and who we may share it with.

How we use your information

We collect and retain personal information, in various formats, for the purpose of administering Council Tax for South Hams District and West Devon Borough Councils in accordance with the Local Government Finance Act 1992. The legal basis for which we process this information is 'necessary for compliance with a legal obligation'.

The information we collect for administration of Council Tax includes:

  • Your Name
  • Your address
  • Your date of birth (to ensure account accuracy by limiting duplication of customer entries and for security purposes)
  • Your bank details (for payment of your bill)
  • Personal details of you and residents of your property where it is relevant for discounts and/or exemptions that you receive

How do we collect information about you?

Relevant personal data will be collected:

  • Personal data is collected directly from the data subject. It is also collected from the account holder when it relates to residents of the property where it is relevant for discounts and/or exemptions related to the account.
  • Personal data is also collected from third parties with respect to administering Council Tax, such as from landlords, letting agencies and other Government agencies

Legal Basis for Processing your data

Your personal data is processed under the following legal basis:

  • Article 6 1(b) processing is necessary for the compliance with a legal obligation to which the controller is subject. Local authorities are legally obligated to administer the collection of Council Tax in accordance with the Local Government Finance Act 1992
  • 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. Local authorities are required to administer the collection of Council Tax in accordance with the Local Government Finance Act 1992

Who will your data be shared with?

We may share personal data with other departments within the Council and external organisations in the following circumstances:

  • For law enforcement, criminal prosecutions and Court proceedings 
  • If we need to establish, exercise or defend our legal rights, including the prevention and detection of fraud or protecting public interests 
  • Where the department or organisation has a lawful right to the data, such as where an Act of Parliament enables access to it

Data may be passed to third parties including Government Departments, other local authorities and private-sector companies including those that assist us in fraud detection and prevention. This includes credit reference agencies and data matching via the National Fraud Initiative.

The personal information you provide will not be used for any other purpose unless required by law, to prevent or detect crime or to protect public funds. Your personal data may be converted ('anonymised') into statistical or aggregated data in such a way that ensures that you cannot be identified from it.

We will never sell your data to anyone else.

Length of time we keep your information

We keep your personal information for at least six years, and longer where it is required for the collection and administration of Council Tax. This would include for the purposes of refunding overpaid Council Tax in the event of a banding reduction.

Retention and Transferring of data outside the EU

We hold personal information about you securely, both in hard copy format and electronically.

Your personal data will be kept secure by the Council and will not be transferred outside the EU.  It will be stored electronically within the UK only, unless it was necessary for safeguarding or for the prevention and detection of crime.

Individual rights

You have a number of rights under the General Data Protection Regulations. These can be found on the ICO Website

If you would like to exercise any of these rights, please Email the data protection officer.

The Data Controller for your information

South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE

The Data Processors for your information

Your person information may be provided to other organisations for processing in relation to this service. The Council has strict agreements in place with all Data Processors to ensure your information is protected.

The Data Processors for information provided for Council Tax purposes are:

  • The Councils' Enforcement Agents
  • Organisations employed to provide support to Council staff dealing with enquiries or technical support with software, such as NEC Software Solution UK Ltd who provide and maintain the Council's Council Tax system

Data Protection Officer

The Councils have a duty to appoint a Data Protection Officer. The Council's Data Protection Officer is Drew Powell.

If you have any queries about our privacy notices or would like to exercise your data rights or make a complaint, please contact the Data Protection Officer by Email, telephoning 01803 861234 or writing to them at Data Protection Officer, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you are not happy with how we have handled your complaint, you have the right to contact the Information Commissioner's Office to raise your concerns about how we have processed your information or how we have responded to your request to exercise any of your rights in relation to your information:

  • Telephone them on 0303 123 1113
  • Visit their website at www.ico.org.uk/concerns
  • Write to them at:
    Information Commissioner's Office
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire
    SK9 5AF