Park Mobile Home Sites - Fit & Proper Person - Privacy Notice

Park Mobile Home Sites - Fit & Proper Person - Privacy Notice

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020 (the 2020 Regulations) prohibit the use of land as a residential mobile home site unless we are satisfied that the owner or manager of the site, is a fit and proper person to manage the site. The purpose of the fit and proper person test is to improve the standards of park (mobile) home site management.

Applications to be included in our local register of fit and proper persons to manage a site, can be made from 1st July 2021 and by no later than 1 October 2021.

We need to collect your personal information to administer our register of fit and proper persons.

Processing activity - we will process personal information relating to:

  • details of the applicant
  • information relating to the site manager
  • information relating to any other person(s) involved in the management of the site
  • criminal record certificate
  • information about specific matters (e.g. ability to secure proper management of the site – as per Schedule 3 of the 2020 Regulations)
  • decisions
  • general correspondence between you and us on matters related to fit and proper person application

Information requirements - our processing activities may include:

  • your name
  • address
  • nationality
  • date of birth
  • finances
  • signature(s)
  • criminal convictions and offences record

Lawful bases[1] - our lawful bases for processing your personal information are:

  • UK GDPR Article 6(1)(c) - our legal obligation(s) under the Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020
  • UK GDPR Article 6(1)(e) - necessary for the performance of a task in the public interest or in the exercise of official authority vested in us in accordance with the legislation referred to above
  • UK GDPR Article 10  (Data Protection Act 2018 section 10(5) and Schedule 1, Part II, para.6 justified by Schedule 3 of the 2020 Regulations) – processing of data relating to criminal convictions and offences.

Reasons for processing - some of the information that is collected and shared is classified as criminal convictions and offences (including alleged offences). This is processed for reasons of substantial public interest under the laws that apply to us (see above), where this helps to meet our broader social obligations such as where it is necessary for us to fulfil our legal obligations and regulatory requirements. We have a Data Protection Policy that sets out how this information will be handled.

Public register - we are required by Regulation 5 and Schedule 1 of the 2020 Regulations, to establish and keep up-to-date a register of persons who we are satisfied are fit and proper persons. We must make the register open to inspection by members of the public at our offices and publish the register online. The publication of rejected applications is limited to the name and address of the site, but not your name or business contact details.

Data sharing - your information may be shared with and/or obtained from:

  • council departments
  • employers
  • Police
  • courts/tribunals
  • HMRC
  • Kent Fire and Rescue Service
  • local authorities
  • bailiffs
  • Border Force
  • Kent County Council
  • Department for Work and Pensions
  • Prison Service
  • Probation Service

We will check your application against other records held by us, such as Caravan Site Licences.

We may rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and legal obligations under the Data Protection Act 2018, for example

to aid with the detection and prevention of criminal acts. Please refer to the Kent and Medway Information Agreement for further details on our sharing arrangements.

Retention period - we keep your personal information for the minimum period necessary. The information outlined in this Privacy Notice will be kept for a maximum period of five years as referred to in our Information Asset Register (Housing Schemes and Finance and; Housing Solutions). All information will be held securely and disposed of confidentially.

Anonymisation - your personal information may be converted ('anonymised') into statistical or aggregated data in such a way that ensures that you cannot be identified from it. Aggregated data cannot, by definition, be linked back to you as an individual and may be used to conduct research and analysis, including the preparation of statistics for use in our reports.

Right to object - where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. We will have to demonstrate why it is appropriate for us to continue to use your personal data.

Changes to this Privacy Notice - we review this Privacy Notice regularly and will place updates on our website.

Please refer to our Corporate Privacy Notice for further details of how we process your personal information and for details on your additional rights.

[1] Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information