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Your Individual Rights

The GDPR strengthens the existing rights that are included in the Data Protection Act (1998), and also creates some new rights for Salix Living customers. The rights are outlined below:

a.    The right to be informed.
b.    The right of access.
c.    The right to rectification.
d.    The right to erasure.
e.    The right to restrict processing;
f.    The right to data portability;
g.    The right to object.
h.    Rights in relation to automated decision making and profiling.

The guidance below demonstrates how Salix Living customers can exercise each of their rights.

The right to be informed

All Salix Living communications are sent out to our customers in a clear and easy to read format, through various different channels such as letters, e-mails, texts and via news articles on the website.

All of the personal information that Salix Living holds is gathered directly from our customers, to enable us to provide your home and the services that you may wish to access.

The right of access

Under GDPR legislation, the right of access is similar to the existing rights of subject access under the Data Protection Act (1998).

Salix Living customer have the right to access any information we hold on them.

The right to rectification

Salix Living strives to ensure that our customers’ information is kept accurate and up to date, however, on rare occasions, incorrect or incomplete information may be logged onto our systems.

Salix Living encourages customers to keep us up to date with their contact details so that our records are accurate at all times. Should any of your details change, please do not hesitate to inform us. This can be done via our contact centre by phoning 0800 218 2000 or by emailing salix.living@salixhomes.org .

The right to erasure

The right to erasure is also commonly known as “the right to be forgotten”. Salix Living customers can request for their personal information to be removed or deleted.

Salix Living customers should be aware that, under certain circumstances, we are able to refuse the request of erasure. In the event of us refusing your request, we will inform you why your request has been refused and offer alternative solutions, such as minimising the information and archiving with limited colleague access.

The right to restrict processing

You can submit a request to restrict processing of your personal information in the following circumstances:

•    If you have put in a rectification request, as some of your information is inaccurate, you can also request that we do not further process the information until the necessary corrections have been made.
•    In the extremely rare likelihood that your personal information has been unlawfully processed, and you do not wish for your information to be erased, you can request that we restrict further processing of the information.
•    Should your information be required in relation to a legal claim, however our retention period has passed, you can request that the personal information only be used for storage purposes and not for further processing.
The right to data portability

Data portability means that you can request Salix Living to transfer your personal information in a safe and secure way to another organisation that you hold your information with. A good example of data portability is explained below:

Should you decide to terminate your tenancy with Salix Living and enter into a new tenancy agreement with another housing provider, with your consent, we will transfer your personal information over to the new provider including, for instance, contact details, account details, rent history and any arrears information.

The right to object

All Salix Living customers have the right to object to their personal information being processed for direct marketing and profiling purposes.

You can object to processing by calling the Contact Centre on 0800 218 2000 or contacting the Data Protection Officer at datarequests@salixhomes.org.

Rights relating to automated decision making and profiling

Salix Living may use profiling for the following purposes, but is not limited to:

•    To analyse customers' economic position so that, if help/assistance is needed, it is available before or at the moment it is required.
•    To monitor for fraudulent activity.
•    To offer services and provide information that we believe may be of use to our customers, based on their personal preferences and/or behaviour, for example, sending out community event leaflets, in line with the events you told us you would be interested in attending upon signing your tenancy agreement.

As a Salix Living customer, you can request that we do not use your personal information for profiling activities.

The right of access - Subject Access Requests

As a Salix Living customer, you have a legal right to see the personal information we hold about you. This is called a Subject Access Request, for which you must apply in writing or by completing our Individual Rights Request form.

Upon receipt of a request, we will ask you to confirm your identity by supplying two forms of identity. (One with your name and address and one to confirm your name and date of birth).

Your right to certain information may be restricted, for example, information relating to a third party, or information relating to a police investigation etc.

Whilst this service is free of charge, should your request be deemed by us to be manifestly unfounded or excessive, Salix Living will charge a “reasonable fee” which will be based on the administrative cost of providing the requested information.

Salix Living will endeavour to ensure that 100% of individual rights requests are complied with within one calendar month, however, excessive requests may also take longer to respond to. If this is the case, the information will be provided to you within two calendar months. Excessive requests can also be refused, however, the Data Protection Officer will outline the reasons behind the refusal and inform you of your right to complain to the Information Commissioners Office (ICO).

Further information

All Individual Rights requests will be actioned within one calendar month and responded to in the same format in which the request was received, for example, if we receive your request electronically, you will receive your information electronically.

You can apply in writing to the Data Protection Officer at:

Hayley Gallagher
Data Protection Officer
Salix Living
Diamond House
2 Peel Cross Road
Salford
M5 4DT

datarequests@salixhomes.org
0800 218 2000

If a request is deemed to be unfounded or excessive, this could take up to two calendar months to respond to. In the event of an extension, Salix Living will contact the customer making the request, informing them of why the deadline to respond to their request has been extended and alerting them to the administration process involved. It is possible that excessive requests will result in the application of an appropriate fee.

In the event of a customer exercising their rights, Salix Living will ensure that any third parties who may also hold relevant personal information, such as contractors or support workers, are also instructed to execute the request, for example, if a rectification request is received asking Salix Living to correct a customer’s telephone number, we will then contact all third parties we have shared that information with and ensure they update their records also..

Individual Rights requests can be refused on the following grounds:

•  To exercise the right of freedom of expression and information.
•  To comply with legal obligation in relation to public interest or official authority.
•  For public health purposes in the public interest.
•  Archiving in the public interest, scientific research, historical research or statistical purposes.
•  In defense of legal claims.
All customer rights are further detailed in Salix Living’ Individual Rights Policy.

What do I do if I am dissatisfied following an Individual Rights Request?

If you are dissatisfied, you can submit a complaint through the Salix Living formal complaints procedure. All complaints regarding Individual Rights requests will be responded to within 21 calendar days, in line with the provisions of the GDPR.

You can also raise your concerns with the Information Commissioners Office (ICO), who will consider if Salix Living have broken any of the Data Protection principles and if we are processing information in accordance with the GDPR.

You can contact the ICO by calling 0303 123 1113, or writing to:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF.

You can find out more information online at www.ico.org.uk.