Who will process Your Information?
The personal data you provide to us through any of our forms relating to Non Domestic Rates and also any personal data we collect about you (“Your Information”) will be processed by East Dunbartonshire Council 12 Strathkelvin Place, Kirkintilloch, G66 1TJ for the administration of any Non Domestic Rates and any reduction you are entitled to.
You can contact the Council on 0300 123 4510 or firstname.lastname@example.org.
The Council’s Data Protection Officer is Karen Donnelly who can be contacted on the below noted details:
12 Strathkelvin Place, Kirkintilloch, G66 1TJ
Tel: 0300 123 4510
Why will Your Information be processed?
Your Information will be processed to help administer Non Domestic Rates and any relevant reductions.
Your Information may also be shared with other departments within East Dunbartonshire Council or other organisations for the same purposes and also to:
- check the information we hold is accurate;
- prevent and/or detect crime; and
- protect public funds.
Other organisations may include bodies responsible for auditing or administering public funds, other councils, public sector agencies, governmental departments, regulatory and law enforcement bodies, bodies carrying out data matching exercises and other private companies or entities (such as credit reference agencies, service providers/contractors and/or partner bodies).
What is the legal basis for us to process Your Information?
The legal basis for processing Your Information is:
Our legal obligations under the following legislation:
- Local Government (Scotland) Act 1975
- the Local Government (Scotland) Act 1973 ((to ensure proper administration of the Council’s financial affairs) including the detection and/or prevention of fraud) and (furnishing of information and documents to the Accounts Commission)
- the Public Finance and Accountability (Scotland) Act 2000 (disclosure of data to Audit Scotland for data matching)
- The following task carried out in the public interest:
- to accurately administer Non Domestic Rates and award associated reliefs;
- the prevention and detection of fraud in relation to the administration of Non Domestic Rates and Reliefs.
Do I have to provide my information?
Without the correct information we may charge you the wrong level of Non Domestic Rates and you may not receive reliefs which you are entitled to.
Deliberately providing false information in order to avoid or reduce Non Domestic Rates is also a crime.
How do you collect information about me?
Some of the information East Dunbartonshire Council hold about you may come from third party sources.
For example, the owner of a property may provide information for the purposes of collecting and levying Non Domestic Rates including:
- lease/ sub lease agreements
- dates of liability;
- Information about the property
Such information includes: i) your name; and ii) move in/out dates.
How long will you keep my Information?
East Dunbartonshire Council uses the Scottish Council of Archives Records Retention Schedules to manage the amount of time the Council keeps Your Information. Further information on these can be found at: https://www.scottisharchives.org.uk/resources/scarrs/
If you are searching SCARRS the Reference which covers Your Information is: 12.005.004
We will hold Your Information for a period of six years from the date when you are no longer liable to pay non domestic rates to East Dunbartonshire Council (this includes any period in which arrears remain unpaid) . Your information will be retained for the minimum period necessary. Your Information will be destroyed under confidential conditions after this period.
Who will we share Your Information with?
Your Information will be accessed by Council Staff who need to do so to administer Non Domestic Rates and any reliefs you may be entitled to. If such administration is provided on the Council’s behalf by an external agency, that agency will have access to Your Information.
The Council is also required to ensure proper administration of its funds so details will be checked internally for fraud prevention and verification purposes. Information is also analysed internally in order to provide management information, inform service delivery reform and similar purposes.
Your Information may also be shared with other departments within the Council, bodies responsible for auditing or administering public funds, other councils, public sector agencies, governmental departments, regulatory and law enforcement bodies, bodies carrying out data matching exercises and other private companies or entities (such as credit reference agencies, service providers/contractors and/or partner bodies).
The Council will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate.
Set out below are examples of who we share your information with and why:
- East Dunbartonshire Council’s accounts are required to be audited by the Accounts Commission. Your Information may be shared with the Accounts Commission or any auditors they appoint as part of the audit under the Local Government (Scotland) Act 1973.
- If you are in arrears with Non Domestic Rates East Dunbartonshire Council may take court action against you. Your information may be shared with Sheriff Officers who will assist the Council in bringing the matter to court and also enforcing any court order granted. East Dunbartonshire Council may therefore share details with these organisations to ensure claims are administered accurately.
- Your Information may be shared with the Council’s suppliers in order to allow them to provide ancillary services to the Council e.g. Your Information may be passed to the printers used by the Council who produce decision notices or print documents which are then sent out to you.
- East Dunbartonshire subscribes to a tracing system called LoCTA. This system allows subscribing local authorities to trace individuals who have an outstanding non domestic rate debt and prevent duplication by searching a subset of all subscribing local authorities’ revenues systems.
- The system allows East Dunbartonshire to collect outstanding non domestic rates debts even when the person concerned moves areas.
- Your Information is included in this system and is shared with other local authorities to allow them to access the trace search.
- The information held about you on this system includes:
- Details of the Authority(s) where you have been identified as living
- Full name
- Full address including postcode
- Move in date
- Move out date
- Forwarding address
- A list of additional occupants at the address
- Details of reliefs and exemptions
LoCTA Search is operational over the ensuring that access is only made available to subscribing local authorities securely.
Will we transfer Your Information outside the UK?
In general we do not transfer personal data outside the UK and on the rare occasions when we do, we will inform you.
We will only transfer data outside the UK when we are satisfied that the party which will handle the data and the country it is being processed in will provide adequate safeguards for personal privacy.
You have the right to:
- Access Personal Data Held About You;
You have the right to access the personal data the Council holds about you. This right is called a Subject Access Request, often referred to as a SAR.
You can receive a copy of your personal data held by the Council, details on why it is being used, who it has been/ will be shared with, how long it will be held for, the source of the information and if the Council uses computer systems profile or take decisions about you. Details on how to submit a Subject Access Request can be found here. https://www.eastdunbarton.gov.uk/council/data-protection/subject-access-request
- Rectification of Personal Data;
You have the right to request the Council correct any personal data held about you that is inaccurate.
- Erasure of Personal Data
You have the right to request that the Council deletes personal data about you. This is known as the right to be forgotten.
You can request erasure of personal data in certain circumstances for example: i) the personal data is no longer necessary for the purpose it was collected; ii) it is being processed unlawfully; iii) the personal data has to be erased due to a legal obligation the Council is subject to.
- Restrict Processing
You have the right to request that the Council restrict processing your personal data if: i) you think the personal data is inaccurate; ii) the processing is unlawful; iii) the Council no longer need the personal data but you may need it for legal purposes; or iii) you object to the Council processing for the performance of a public interest task or the official authority vested in the Council.
- To Object
You have the right to object to the Council’s use of your personal data. The Council will have to demonstrate why it is appropriate to continue to use your personal data.
If you are unhappy with the way East Dunbartonshire Council has processed Your Information you have the right to complain to the Information Commissioner’s Office:
Head Office Address: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 0303 123 1113
Regional Scottish Office Address: 45 Melville Street, Edinburgh, EH3 7HL
Tel: 0303 123 1115
You should however raise any issues regarding Your Information with the Council’s Data Protection Officer in the first instance.
The Council does not use profiling or automated decision-making processes for administering non-domestic rates and any relevant reductions. Some processes are semi-automated (such as the data matching as set out above) but a human decision maker will always be involved before any revised decision is reached in relation to you.