FOI 54308
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 54308
I write in connection with your request for information which was received on 22nd January 2021. Apologies that the response to your request is late we currently have a high number of requests. Please find below the response to your request:
I would like to know what information West Mercia Police is authorised to disclose/share with housing associations about their tenants, specifically Meres and Mosses/Connexus in Shropshire.
I would also like a copy of the policies/procedures that govern the sharing of information in relation to tenants of housing associations.
Reply:-
No specific recorded information held.
West Mercia’s disclosure to social landlords/housing associations is done by using legislation, there are no policies and procedures specific to these type of requests. There is no current information sharing agreement in place as legislation provides the relevant legal gateway for us to share the information.
Breach of Tenancy: The legal framework for lawful disclosure where there is no permission from the tenant:
Section 115 of the Crime and Disorder Act 1998 ;
Anti-social Behaviour, Crime and Policing Act 2014/Chapter 12/Part 5 – recovery of possession of dwelling –houses:
Anti Social Behaviour - Housing Act 1996;
Section 29 (3) of the Data Protection Act 1998 & Housing Act 1985 & 1988.
For any other Housing Requests e.g. Homelessness application, Housing Suitability Check, permission from the tenant must be sought prior to disclosure to satisfy Data Protection Act 2018, Common Law Duty of Confidentiality & Human Rights Act 1998. Other relevant housing legislation: Homelessness Act 2002.
Disclosure is NOT obligatory. Each case should be judged on its own merits so there are no blanket disclosures. Information disclosed should be relevant and recent. Other considerations prior to disclosure: Human Rights Act - Article 8, Common Law of Confidentiality and The Rehabilitation of Offenders Act 1974.