National Trading Standards Estate and Letting Agency Team (NTSELAT) Privacy Notice

Powys County Council jointly hosts the National Trading Standards Estate and Letting Agency Team (NTSELAT) with Bristol City Council.

This reflects their appointment as lead enforcement authority (LEA) under the Estate Agents Act 1979, and Tenants Fees Act 2019 respectively. The LEA's work as a single team with shared resources and data collected relating to the Estate Agency & Lettings sector will be shared and processed between the two local authorities. The purpose of this privacy notice is to tell you about how NTSELAT collect and use personal data in connection with our service.

What personal data is collected?

To carry out our functions, the NTSELAT may process the following:

• Personal details (including such things as your Name, Address, Date of Birth, National Insurance Number)
• Financial details
• Employment details
• Business activities and intelligence (including professional memberships of trade associations, redress, client money protection, and deposit schemes)
• Case file information
• Offences (including alleged offences)
• Criminal proceedings, outcomes and sentences
• Civil proceedings and outcomes

How do we use your personal data?

NTSELAT collect and use personal data in the course of our function as the lead enforcement authority, and in executing any obligation, power, or duty as it relates to estate and letting agency work, including but not limited to:

• Monitoring and promoting compliance with relevant Trading Standards and housing legislation in line with our enforcement policy.
• Preventing, investigating, detecting, or enforcing criminal offences; or the execution of relevant penalties nationally and locally, including by sharing intelligence. Provided we have a statutory function to enforce the legislation in question, this is a "law enforcement" purpose under the Data Protection Act 2018 and some restrictions on your right of access to information apply.
• Advising and supporting consumers, businesses, industry, government, and local authorities.
• Maintaining and publishing a public register of relevant orders issued under the Estate Agents Act 1979.

What legal basis do we rely on to process your personal data?

Given the points made above, the NTSELAT rely on Article 6 (e) of the UK General Data Protection Regulation (UK GDPR) in that processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
To process special category personal data (sensitive personal data) the NTSELAT rely on Article 9, paragraph 2 (g), for reasons of substantial public interest.

How long we will hold your personal data for?

We will hold your personal data in accordance with the corporate retention schedule for Powys County Council.

Who will we share your personal data with?

Personal data may be shared with other departments in and between Bristol City Council and Powys County Council and to relevant third parties, including other local authority Trading Standards and regulatory services.
Data sharing will only take place where legal gateways allow it, and the sharing is necessary and proportionate to a legitimate purpose. We will assess the impact of any disclosure and make decisions on a case-by-case basis unless a formal data sharing agreement is in place which allows otherwise.

Your rights as a data subject

You have the right to ask for access to your data and, where data is found to be inaccurate, to have that data corrected. In certain circumstances you have the right to have data held about you erased, or the use of it restricted. You may be able to object to processing and may also have the right to have your data transferred to another data controller.

You can exercise any of your rights by contacting:
Powys County Council
Data Protection Officer
Information Security
Powys County Hall
Spa Road East
Llandrindod Wells
Powys
LD1 5LG
information.compliance@powys.gov.uk

Data Protection Officer
Bristol City Council
City Hall
PO Box 3399
BS3 9FS
data.protection@bristol.gov.uk

If you think we have dealt with your information inappropriately or unlawfully, you also have the right to complain to the Information Commissioner's Office (ICO) at:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or at https://ico.org.uk/
August 2022