Your rights – dispute resolution

The rights below are set out in the Data Protection Act 2018. There is also information about how to exercise your rights and what we must do

  • The right to be informed

    There are two ways in which we can obtain personal information:

    • We collect it from you directly
    • We obtain it from a third party e.g. your landlord

    We obtain it from you directly

    At the time we obtain the personal information, we must provide you with information in our privacy notice unless you already have it.

    We do not obtain it from you directly

    We must provide you with the information in our privacy notice:

    • Within a month after obtaining the personal data
    • On our first contact with you or
    • If we think we will disclose to another recipient when the personal information is first disclosed

    Unless, you have already been provided with the privacy notice information.

  • The right of access

    You have a right to access your personal data and supplementary information (information in our privacy notice).

    You have the right to obtain:

    • confirmation that your personal data is being processed
    • access to that personal data, and
    • information provided in the privacy notice.
  • The right of rectification

    You have the right to have inaccurate or incomplete personal data concerning yourself amended.

    We must also tell you about the third parties to whom the data has been disclosed.

    If we have disclosed the personal information in question to a third party we must tell them of the amendment where possible.

    Please bear in mind that just because you disagree with information we have obtained from another source does not mean it is inaccurate.

  • The right to restrict processing

    You have the right to restrict the processing of your personal information. We can continue to store the personal information but not to further process it.

    We can retain enough information about you to ensure that the restriction is respected in future.

    We are required to restrict processing of personal information in the following circumstances:

    • you dispute the accuracy of the personal information we hold, while we verify the accuracy.
    • you object to our processing, while we consider if our legitimate grounds for processing override your right to object
    • If we no longer need the personal data but you require the data to begin, complete or defend a legal claim.

    If the personal information has been disclosed to a third party, we must inform them about the restriction unless it is impossible or involves disproportionate effort to do so.

    We must inform you when we decide to lift a restriction on processing.

  • The right to object

    You have a right to object to processing of your personal information on grounds relating to your particular situation. We must comply with your objection and stop processing personal information, unless

    • we can demonstrate our grounds for processing override your rights and freedoms, or
    • the processing is to begin, complete or defend a legal claim.
  • Some of the rights do not apply

    The rights to erasure and data portability do not apply to the Housing Ombudsman Service, because we process personal data under a statutory duty to consider and investigate complaints. (The Housing Act 1996 as amended)

    Right to object and automated individual decision-making We do not process personal information for direct marketing purposes.

  • How to exercise your rights and what we must do

    You can request that we provide information on how we process personal data and exercise your rights.

    The information may be provided in writing or by other means including where appropriate by electronic means.

    If you request the information orally we will verify your identity first or may seek additional information from you to verify your identity.

  • How long to do we have to comply with your request?

    If you make requests in relation to the rights which apply to us, we must provide the information within one month of receipt of your request.

    This may be extended by two months taking into account the complexity and number of requests.

    We will inform you of any such extension together with the reasons within one month of receipt of your request.

  • If we decide not to take action on your request:

    We will inform you within one month of the date of receipt of your request together with the reasons for not taking action.

    You may complain to the Information Commissioner and seek a judicial remedy.

  • Is there a fee?

    No. We must provide the information or any communications and actions taken free of charge.

    If requests made are clearly unfounded or excessive in particular because they are repetitive we may either:

    • charge a reasonable fee taking account of the administrative costs of providing information, communication or taking action requested, or
    • refuse to act on the request.

    We must evidence that the request is clearly unfounded or excessive.

  • Contacting the Housing Ombudsman Service to make a request.

    Requests can be submitted to:

    Data Protection Officer

    Housing Ombudsman Service
    PO Box 152
    Liverpool L33 7WQ

    Telephone: 0300 111 3000

    Calls to and from the 0300 111 3000 number are recorded for training and quality monitoring purposes.

    Lines are open Monday to Friday from 9:15am to 5:15pm (except public holidays).

    Email: info@housing-ombudsman.org.uk

  • You have a complaint about how we handled your request

    If you have a complaint about how we have handled your personal data or dealt with your request under the Data Protection Act 2018, you can lodge a complaint with the Information Commissioner:

    Information Commissioner
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire SK9 5AF

    Telephone: 01625545700

    www.ico.org.uk