Housing Service privacy notice for sharing information in relation to ASB & hate incidents

Read our privacy notice for information on how we collect, store and process your data.

Brighton & Hove City Council is committed to protecting your personal information. As a data controller we have a responsibility to make sure you know why and how your personal information is being collected in accordance with relevant data protection law. 

The primary laws which govern how Brighton & Hove City Council collects and use personal information (known as “data”) about you are: 

Housing is also subject to specific other laws which define when and for what purposes it can use your personal data. This is referred to as the lawful basis for collecting your data. 

The lawful basis for collecting your data

We collect personal data relating to witnesses, victims, alleged perpetrators of crime, anti-social behaviour and hate incidents. Data can be about crime, anti-social behaviour and hate incidents. We do this to keep people safe from harm plus prevent and detect crime. 

We have a legal obligation to process this data, specifically working within the Anti-social Behaviour, Crime and Policing Act 2014 and Care Act 2014.  Under the Crime and Disorder Act 1998, Section 115, we have a duty to share information with the police to prevent crime and disorder. Under the Care Act 2014, section 45, we have a duty to share information where safeguarding issues are identified that could impact on the safety of children or adults at risk. 

Our lawful basis for processing any special category data is Substantial Public Interest, specifically the Data Protection Act 2018, Schedule 1, Part 2, Para 6 - statutory and government purpose; Para 10 - preventing or detecting unlawful acts; Para 16 - support for individuals with a particular disability or medical condition; and Para 18 - safeguarding of children and individuals at risk. 

The data we may collect

We may collect the following data:

  • contact details including your name, address, telephone number, email address
  • details of anti-social behaviour and whether events have been reported to a third party or organisation such as the police
  • health conditions, disabilities or support needs
  • racial or ethnic origin
  • gender
  • sexual orientation
  • religion or belief
  • information about your household
  • criminal proceedings, outcomes and sentences (included alleged offences)
  • details of any witnesses
  • diary entries
  • noise recordings
  • video recordings
  • photographs
  • WhatsApp messages or text messages
  • any additional information we may require from time to time  

What we will use your information for

The information you provide will be used to record, investigate and resolve complaints of:

  • anti-social behaviour
  • identify breaches of court orders
  • take tenancy enforcement action (where applicable)
  • institute civil/criminal proceedings
  • identify individual support needs and create support plans
  • liaise with police, social services and the National Health Service (NHS)
  • update our existing records (in the interest of data accuracy)
  • for audit purposes (anonymised); for statistical analysis (anonymised)

Who we will share your data with 

Your data may be shared internally across Housing, Community Safety Team and Legal Services where necessary. We may also share your data externally with the police, courts, opposition defence and other legal services.  

We may share your information with other services and ask other agencies for information about you where appropriate. Such as:  

  • other departments within the council including Adult and Children’s Social Services
  • Sussex Police
  • East Sussex Fire & Rescue
  • Sussex Partnership NHS foundation trust
  • National Prison and Probation Service 
  • support agencies 
  • registered housing providers  

What happens if you do not provide any personal data  

If you make an anonymous complaint about anti-social behaviour or hate incident, Brighton & Hove City Council will review your complaint and take any appropriate action based on the information provided, but we will be unable to share any updates with you and may be limited in the actions we can take. 

How long we will hold your data (retention) 

We will not keep your data for longer than is necessary, subject to any legal obligations we have to retain the data.  

Transferring data outside the UK 

Your information is not processed outside of the UK. 

Your information rights  

Under GDPR you have certain rights concerning your information. For further information on your rights visit https://www.brighton-hove.gov.uk/privacy 

How to get advice or make a complaint 

Data Protection Officer

If you have a concern about how we collect or use your personal data you can contact the Council’s Data Protection Officer.  

How to make a complaint

We aim to resolve all complaints about how we handle personal information. You also have the right to make a complaint about data protection to the Information Commissioner's Office. 

Contact them by post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or phone 0303 1231 113.

You can also make a complaint or find out more information on the Commissioner's Office website.

If your complaint is not about data protection, find details on how to make a complaint about a council service.

This Privacy Notice will be subject to review when there is a change.