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USEFUL INFORMATION

Data Protection

Introduction

Clyde Valley Housing Association is committed to transparency and the responsible handling of personal data. We comply with the UK General Data Protection Regulation (UK GDPR), the Freedom of Information (Scotland) Act 2002 (FOISA), and the Environmental Information (Scotland) Regulations 2004 (EIR).

These regulations provide individuals with rights to access both personal and organisational information. Under FOISA and EIR, members of the public may request certain types of information relating to our housing services. Under UK GDPR, individuals may request access to personal data held about them through a Subject Access Request (SAR).

This page outlines our responsibilities under these regulations, the types of information covered, and how to make a valid request.

Freedom of Information (FOI) and Environmental Information (EIR)

Why We Are Subject to FOISA and EIR

Clyde Valley Housing Association is subject to FOISA and EIR under the Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2019. This Order came into effect on 11 November 2019 and applies to all Registered Social Landlords (RSLs) and certain RSL subsidiaries.

What Is Covered by FOISA and EIR

Not all activities carried out by Clyde Valley Housing Association fall under FOISA and EIR. These regulations apply specifically to certain housing-related functions, as defined in section 165 of the Housing (Scotland) Act 2010. The following services are covered:

  • Prevention and alleviation of homelessness

  • Management of social housing accommodation

  • Provision of information to the Scottish Housing Regulator (SHR) by an RSL or connected body regarding financial wellbeing and governance standards

Understanding the Difference Between FOISA and EIR

EIR provides access to Environmental Information, which is broadly defined in the regulations. If a request under FOISA relates to Environmental Information, it will be processed under EIR.

Although FOISA and EIR share similarities, there are important differences in how requests are handled. Further guidance is available from the Scottish Information Commissioner.

Making a Freedom of Information Request

To make a valid FOI request, the following criteria must be met:

  • The request must be in writing. This can be submitted via letter, email, our website, or social media.

  • The requester must provide their real name. Requests made on behalf of another person, such as by a solicitor, must include a signed mandate.

  • An address for correspondence must be included. This can be a postal or email address.

  • The request must describe the information being sought. Any genuine attempt to describe the information will be accepted.

Clyde Valley Group has adopted the Model Publication Scheme approved by the Scottish Information Commissioner. You can view:

The Scheme can also be viewed in Publication Scheme Resources at the Scottish Information Commissioner website.



UK General Data Protection Regulation (UK GDPR)

The UK GDPR came into effect on 25 May 2018 and governs how personal data is collected, stored, and used. Clyde Valley Housing Association adheres to the following principles:

  • We only collect information required for a specific purpose

  • We keep personal data secure

  • We ensure data is accurate and up to date

  • We retain only the data we need, and only for as long as necessary

  • We allow individuals to access their personal data upon request

Your Rights Under UK GDPR

Under UK GDPR, you have the following rights:

  • The right to be informed

  • The right of access

  • The right to rectification

  • The right to erasure

  • The right to restrict processing

  • The right to data portability

  • The right to object

  • Rights in relation to automated decision-making and profiling

Subject Access Requests (SAR)

If you wish to access personal data held about you, you may submit a Subject Access Request. Under UK GDPR, you are entitled to:

  • Receive a copy of your personal data

  • Understand how your data is being processed

  • Know how long your data will be retained

  • Request rectification, erasure, or restriction of processing

We aim to respond within one calendar month from:

  • The date we receive your written request

  • Or the date we receive any additional information required to process your request

The information you provide in the SAR form will be used solely to identify the personal data you are requesting and to respond to your request. You are not required to complete the form, but doing so may help us process your request more efficiently.

SECTION 1: Details of the person requesting information

SECTION 2: Are you the data subject?

Please choose one of the following and read instructions which follow.

To ensure we are releasing data to the right person we require you to provide us with proof of your identity and of your address. Please supply upload images below.

Click or tap here to add file
Click or tap here to add file

If we are not satisfied you are who you claim to be, we reserve the right to refuse to grant your request.

SECTION 3: Details of the data subject IF DIFFERENT FROM SECTION 1

SECTION 4: What information are you seeking?

Please note that if the information you request reveals details directly or indirectly about another person, we will have to seek the consent of that person before we can let you see that information. In certain circumstances, where disclosure would adversely affect the rights and freedoms of others, we may not be able to disclose the information to you, in which case you will be informed promptly and given full reasons for that decision.

SECTION 5: Information about the collection and processing of data

If you want information about any of the following, please choose all that apply:

SECTION 6: Disclosure of CCTV images

If the information you seek is in the form of video images captured by our CCTV security cameras, would you be satisfied with viewing these images?

SECTION 7: Formal Declaration

In exercise of the right granted to me under the terms of the General Data Protection Regulation (GDPR), I request that you provide me with a copy of the personal data about the Data Subject which you process for the purposes I have indicated overleaf.

I confirm this is all of the personal data to which I am requesting access. I also confirm that I am either the Data Subject or am acting on their behalf. I am aware that it is an offence to unlawfully obtain such personal data, e.g., by impersonating the Data Subject.

I certify that the information given in this form is true. I understand that it is necessary for Clyde Valley Housing Association to confirm my/the Data Subject’s identity and it may be necessary to obtain more detailed information in order to confirm my identity and/or locate the correct information.

Documents which must accompany this application:

  • Evidence of your identity (see section 2)
  • Evidence of the data subject’s identity (if different from above)
  • Authorisation from the data subject to act on their behalf (if applicable)

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