Property and asset management privacy statement

Why we collect information about you

We collect information to assess your suitability and fitness to enter into a legal agreement relating to land and property, examples of this may be as follows:

  • Documents relating to the sale (disposal) or the purchase (acquisition) of any land or property
  • Tender documents for undertaking work or the requirement for agents, work orders, or contractors for anything relating to land and property
  • Lease arrangements or the application for a lease, licence or hire agreement relating to the occupation or the permission of using any of the council's land and property
  • Expressions of interest in works being tenders or any property related matter including (but not limited to) leasing, selling, licences, quotations, post tender negotiations, compliance and performance reports
  • You information might also be captured in Meeting Minutes, a change of requirements, variation forms, contract extensions, complaints or complements, disputes on payments, but will always be necessary as part of a property or land matter.

What information do we collect about you?

We collect information about:

  • you (name, address, contact details, NI number, date and place of birth, DVLA driving licence details, photograph)
  • your eligibility to remain and/or work in the UK
  • References

Who do we share the information with?

  • Internally with Cheltenham Borough Council and partnering originations such as but not limited too; Business Rates, utility providers, bin collection services (Ubico), Legal represenatives to process legal agreements such as leases, licences, transfer douments or other legal document. This is either as a statutory obligation or to help provide a necessary service linked to the occupation of the property.
  • Councillors where it is deemed necessary to obtain consent as part of a constitutional process
  • Publically available
  • Internal council departments who requires access to your information for the purpose of administration, regulation and law enforcement. From time to time we may share your information with other council departments if the law allows us to do so.

Is any information transferred to or stored on servers based outside the European Economic Area?

No.

How long do we keep your information?

The default standard retention period for property and asset management records is six years plus current, otherwise known as six years plus one. This is defined as six years after the last entry in a record followed by first review and/or destruction to be carried out in the additional current (plus one) accounting year.

Records must only be retained beyond the default property and asset management retention period if their retention can be justified for statutory, regulatory, and legal or security reasons or for their historic value. The disposal periods for records retained for extended duration must be included within line of business retention schedules.

The limitation period for commencing litigation is the key consideration. This is governed by the Limitation Act 1980 and the main time limits that apply directly to local government are:-

  • Contract or tort (such as negligence or nuisance) claims (other than personal injury) cannot be brought after six years from the date on which the cause of the actionoccurred.
  • Personal injury claims cannot be brought after three years from the date on which the cause of actionoccurred.
  • Claims based on provisions contained in documents that are ‘under seal’ cannot be brought after twelve years from the date on which the cause of actionoccurred. This relates to (but it is not limited to) sales, purchases and leases.

We keep copies of your criminal disclosure certificate for a period of up to six months from the date of issue as specified on the criminal disclosure certificate in case it is needed for any legal proceedings.

Where documents are of a particular historic or financial value special consideration will be given as to whether these documents should be retained by the council or by an external body such as the county archivist. These documents where it is considered there is a unique importance attributable to them and the long term retention or disposal should be considered, it must first be authorised by the head of service.

Who do we collect information from?

  • You
  • Your bank (to ascertain a credit history) if required
  • Referees

What are the consequences if we do not collect the data?

The council will be unable to asses your suitability to occupy or enter into a legal relationship relating to land or property.

Are any decision about you made by automatic means?

No.