The Debt Respite Scheme (Breathing Space) Privacy Notice

This notice should be read in conjunction with the current Income and Awards Privacy Notice

What we do

Powys County Council receives and processes Breathing Space notifications under The Debt Respite Scheme (Breathing Space Moratorium and Mental health Crisis Moratorium) (England and Wales) Regulations 2020. Breathing Space is a debt respite scheme. It provides protections for people who are resident in England and Wales who are in problem debt.  Breathing space is available to those with problem debit who access debt advice and meet the eligibility criteria.  

This will include sharing notifications with other Council departments outside the single point of contact.

What information do we collect about you and where we get your information from

We collect, store and use information about you directly from the Insolvency Service and debt advisors, under The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium (England and Wales) Regulations 2020. This information includes names, dates of birth, address(s), contact details, email address, national insurance number, employment details, relationship information, financial details and health information.

We are provided with personal information by the Insolvency Service through emails and the Insolvency Service Portal.

How your information will be used

We use your personal information to place a hold on any enforcement action (attachment of earnings and attachment of Universal Credit can continue in line with breathing space regulations) and contacting you in relation to debts owed to the council and freezing most interest and charges on your debt.  We will also advise your debt advisor of any additional debts owed to the Council that were not originally included within the breathing space. 

Lawful basis for processing data

We use personal data where we have a 'legal obligation' to do so.  We use special category where there is a 'substantial public interest' such as statutory and government.  The law that requires or permits us to use this data is The Debt Respite Scheme (Breathing Space Moratorium and mental Health Crisis Moratorium) (England and Wales) Regulations 2020.

Agencies we may share the information with include

• Insolvency Service
• Debt advice agencies
• DWP
• Enforcement Agencies
• Local Government Ombudsman
• Her Majesty's Courts and Tribunal Services
• External Solicitors
• NHS Services
• Other Council departments
• Appointed representatives

We will not disclose any personal information to any other third parties unless required or allowed to do so by law or where it is appropriate to support our duty to protect public funds and / or detect and prevent fraud or other criminal activity or safeguarding requirements.

We will not share your information with third parties for commercial or marketing purposes.

Why we process your data

• Statutory legislation
• Service delivery
• Service planning  

How long will we retain your information

We will only keep your information for the minimum period necessary. The information outlined in this privacy notice will be kept after all action on your claim has finished, and the period required by the council for legal and audit purposes has passed. All information will be held securely and destroyed confidentially when retention date is reached.