Privacy notice for Business Rates and Business Improvement Districts (BIDS)

Information about the Council’s Privacy Notice for Business Rates and Business Improvement Districts.

This privacy notice is to be read in conjunction with the full Royal Borough of Kensington and Chelsea fair processing notice at: https://webtest.rbkc.gov.uk/footer-links/data-protection/fair-processing-no…

What are the purposes of processing your personal information?

To bill and collect under the provision of Section 35 (2) of the Local Government Act 1988.

What type of information is collected?

• name of the liable party and/or business name
• billing or mailing / forwarding addresses if different from the property
• email address
• telephone number
• details of occupancy/lease/freehold interest in the property
• company status
• financial accounts/bank statements
• lease and license details
• rent receipts

Who processes the information?

The Council’s Customer Access Department has overall responsibility for processing the information outlined in this notice.

How is the information used?

We will use it (where applicable) to:

• Determine who is liable to pay business rates and for what period(s)
• Administer, collect, recover and enforce payment of business rates and BIDS
• Check if you are eligible for any reliefs or exemptions when calculating the business rates liability
• Comply with legal obligations, for example the prevention and/or detection of crime including fraud
• Protect public funds; and
• Maintain public safety, mitigating risk of harm and assisting in emergencies

What is the legal basis for processing your information?

Prevailing legislation requires local authorities to levy and collect taxes. The legislation that requires local authorities to collect and administer tax from its business premises is as follows:

• The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
• The Business Improvement Districts (England) Regulations 2004, Schedule 4 
• The Local Government Finance Acts 1988 and 1992
• The Fraud Act 2006 in relation to the prevention or detection of crime, including false representation

Who may we share your information with?

Where appropriate, deemed necessary or required by law the information we collect will be shared with your representatives, the Council’s fraud, audit, finance and contingency planning departments, Government Departments and other agencies and contractors for the purpose of billing and collecting business rates and for the detection, prevention and prosecution of fraud and criminal activity and for. These include:

• Representatives of the person whose personal data we are processing such as their solicitor, managing agent, rating agent or insolvency practitioner
• Enforcement Agents Newlyn Plc and Equita Ltd for debt collection
• MAG:NET Solutions Ltd and Equifax Ltd for debtor tracing
• Other billing authorities for tracing
• Valuation Office Agency – to fulfill the obligation to keep the Rating List up-to-date
• The Department for Housing, Communities and Local Government –provision of anonymised data for the administration of NNDR
• The Local Government Ombudsman
• HMRC – providing data to HMRC in response to their statutory requests
• The Insolvency Service
• Westminster Magistrates Court in respect of liability orders
• The High Court in respect of petitions for the winding up of companies and the bankruptcy of individuals
• The Police – responding to requests from the Police
• DSI Billing Services Ltd and CDIS Ltd - printing and Mailing companies
• Other Council departments such as Planning, Licensing, Commercial Waste, Property Services
• BID companies for the collection of BID levies only
   

How long do we keep your records?

Where your rate account has been closed we will keep your information for a maximum of seven years except where there is an appeal outstanding against the rated property in which case we will keep your information until the appeal is determined and any refund due to you has been made.

Your rights

The General Data Protection Rules (GDPR) and Data Protection Act 2018 allows you to find out what information is held about you in any format, however this is likely to be for this processing on paper and/or computer records. This is known as ‘right of subject access’ and applies to your Business Rates and BIDS records along with all other personal records you may wish to see. Details of how to obtain a copy of your records can be found here:

https://webtest.rbkc.gov.uk/council-and-democracy/freedom-information/reque…

You are entitled to receive a copy of your records free of charge, within 30 calendar days of a verified notification from you that meets the council’s requirements for releasing personal data. In certain circumstances access to your records may be limited, for example, if the records you have asked for contain information relating to another person.

Under the GDPR and Data Protection Act 2018 you other rights; for example, if there is an error in your records you have the right to make sure it is rectified or erased.  Please contact [email protected] with any request or query regarding these rights. 

If you are dissatisfied with how the Council has used your personal information you should in the first instance write to the Council’s Data Protection Officer at [email protected] . Should you continue to be dissatisfied with the council’s response you  have a right to complain to the Information Commissioner’s Office at [email protected].

Changes in your circumstances

You must notify us immediately if there are any changes in your circumstances and personal details so we can maintain an accurate and up to date record of your information.

Contact details of data controller

Name: Head of NNDR
Email: [email protected]
Telephone: 020 7361 2539 / 2598 / 3276
Address: Business Rate Services, 3rd Floor, Town Hall, Hornton Street, London, W8 7NX