Asset transfers - Privacy Statement

What information do we need?

Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:

Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT. 

Email:  Iain.Jackson@argyll-bute.gov.uk   or  data.protection@argyll-bute.gov.uk  

Telephone:  01546 604188 or 01546 605522 

The information will include details such as your name, address, e-mail address, request details

However in some case we may need to ask you for more personal information which is described in the legislation as Special Category Data or sensitive personal information.

Unless specifically agreed with you, we will only collect personal data about you which does not include any special categories of personal information about you (also known as ‘sensitive personal data’).

Why we need this information?

You are giving us your personal information to allow us to process an ‘Expression of Interest’ or “Asset Transfer Request” for land or property under Council ownership.

We need to know this information in order to:

• To provide you with information or to process your request
• To verify your identity where required,
• To contact you by post, email or telephone and
• To maintain our records

If you do not provide this information then we will be unable to provide those services to you. The legislation requires certain information to be specified in an “Asset Transfer Request” and this has been clearly laid out in our form. Part 5 of the Community Empowerment (Scotland) Act 2015 an Asset Transfer Request is not treated as having been made until all the required information is received and validated by Argyll and Bute Council in accordance with 79(4)(a)-(g) and regulation 3(2). We will not collect any personal data from you that isn’t needed to process your request.

Our legal basis for processing your information:

• Legal obligation - Section 79 – Community Empowerment (Scotland) Act 2015 and Regulation 3 Asset Transfer Request (Procedure) (Scotland) Regulations 2016 – requires us to collect the information detailed in our “Asset Transfer Request” form. This allows us to identify you as a Community Transfer Body giving you access to use the legislation. The processing of this information allows you to make an Asset Transfer Request using Part 5 of the Community Empowerment (Scotland) Act 2015.

What we will do with your information?

There is a set process and timeline for Argyll and Bute Council to acknowledge the request, notify others who may be interested, and allow interested parties to make representations and to give you a decision.

The information and supporting documents will be made available online for any interested parties to read and make representation. Personal information will be redacted before the information is made available online.

No 3rd parties will access your personal data unless there is a legal obligation for us to do so.

UK or International Data Processing

All of the information we collect from you will be processed by staff in the United Kingdom.  You should be aware however that your data will be stored on servers located in within the United Kingdom; the data will not be processed outside the European Union.  We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this can be provided on request to

asset-transfer@argyll-bute.gov.uk

How long will we keep your information?

We will usually keep your information for a minimum of 6 years, after this period it will be destroyed under secure arrangements if it is no longer required for the lawful purpose(s) for which it was obtained.  More information on our retention schedule can be provided on request to asset-transfer@argyll-bute.gov.uk

Automated Decision Making

There are no Automated Decision Making systems used for any of the purposes identified above

Your Rights

When you provide information to the Council, you will have the following rights:

• to withdraw consent at any time, where the lawful basis specified above is consent
• to lodge a complaint with the Information Commissioner’s Office – see below for details
• to request access to your personal data – please contact the Data Protection Officer if you wish to submit a request.
• to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract
• to request rectification or erasure of your personal data, as far as the legislation permits – please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased.

You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.

Information Commissioner’s Office

The ICO is the UK’s independent body set up to uphold information rights. 

Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone:  0303 123 1113  
Email:  casework@ico.org.uk 

The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone:  0303 123 1115 
Email:  Scotland@ico.org.uk