Privacy Notice - Assets of Community Value

We provide an Asset of Community Value Right to Nominate and  Bid  (ACV) service which enables qualifying community interest groups to nominate local land or buildings to be included in our list of assets of community value. When a listed asset is to be sold, community interest groups with a legal identity will have the opportunity to make a bid to buy the asset on the open market.

We need to collect your personal information to administer this service.  In order to comply with the Data Protection Act 2018 and the UK General Data Protection Regulation, Spelthorne Borough Council must provide you with the following information about the personal data you give to us or we receive via third parties.

Most of the personal information we hold about you is provided by you in your application(s) and supporting document(s).

Why does the Council process personal data?

Our purpose is to consider your application for an asset of community value. We will use the information to review the contents of the application and if necessary, contact you in connection with your application.  Our lawful basis for processing your personal information are our legal obligations under:

• The Land Registration Rules 2003
• The Localism Act 2011
• Assets of Community Value (England) Regulations 2012

We will process personal information relating to:

• nomination application(s)
• right to bid (expressions of interest) application(s)
• acceptance(s)
• refusal(s)
• notice of inclusion
• notice of removal
• listing review(s)
• appeal(s) against listing review(s)
• compensation
• reviews of compensation decision(s)
• appeals against compensation review decision(s)
• Land Registry notices and restrictions
• publication of proposed sale
• general correspondence between you and us on matters related to the ACV service.

What information does the Council collect?

• your address, telephone number, email address (applicant and/or agent)
• signature(s)
• site address/location of building
• plans
• list of assets of community value
• list of unsuccessful community nominations
• reviews
• appeals to First Tier Tribunal (General Regulatory Chamber)

Who does the Council share your personal data with?

When we process your personal data we will share your information with other officers and members of the Council where we deem the sharing compatible with the purpose the information was provided.  The legislation allows other interested parties to access information regarding the nominations.

SBC is also required by the legislation to publish limited information on these applications on our website.

In certain circumstances where there is a potential for the involvement of fraudulent or unlawful practice, we may need to provide your personal data to other statutory bodies including enforcement agencies, competent authorities, relevant authorities and Courts of law.

If required to share any personal information with other bodies as mentioned above, we share information securely and proportionately.

SBC is subject to the Freedom of Information Act (FOI) and may be required to release the names of individuals representing organisations when answering FOI requests, as well as other information.  

How long does the Council keep your data?

We keep your personal information for the 7 years from the last action. The listing of the nomination will remain on the statutory register for a period of 5 years. All information will be held securely and disposed of confidentially.

Your rights 

You have the following rights: 

• you have the right to be informed via Privacy Notices such as this.
• you have the right to request access to and to receive a copy of any information we hold about you (including in an electronic format) - to request a copy of this information you must make a request in writing (known as a subject access request). 
• if you find that the information the council holds about you is no longer accurate, you have the right to ask to have this corrected,
• you have the right - under certain conditions - to ask us to erase your personal data,
• you may request that SBC stops processing your personal data in relation to any council service (this may delay or prevent us delivering a service to you, we will seek to comply with your request but may be required to hold or process information to comply with our legal duties), 

To exercise any of these rights contact the Data Protection Officer.  The Data Protection Officer manages the Council's compliance with Data Protection legislation by providing advice, guidance and training on the handling and sharing of personal information. 

Spelthorne Borough Council's Data Protection Officer may be contacted by emailing Data.Protection@spelthorne.gov.uk or by writing to the Data Protection Officer at Spelthorne Borough Council, Council Offices, Knowle Green, Staines-upon-Thames, TW18 1XB. 

You also have the right to make a complaint to the Information Commissioner's Office (ICO). This is an independent body responsible for making sure that organisations comply with Data Protection legislation. 

The ICO will always expect you to have raised your concerns with us before submitting a complaint.