Non domestic rates billing information: privacy notice

As part of our commitment to monitor existing policies and to develop new ones, information about non-domestic properties is required. The information local authorities hold on non-domestic properties for non domestic rates (NDR) billing purposes is transferred to the Welsh Government on an annual basis. This includes information on the rateable value, business or organisation type, and rates reliefs associated with individual properties.

This privacy notice explains which information we collect, why we need this information, how we use it and what we do to protect the information supplied to us.

NDR income collected from properties in Wales amounts to over £1 billion per year (net of reliefs). It is vital the Welsh Government has sound evidence on the tax-base, income generated, and other aspects of NDR. This information is required to maintain a robust evidence base on NDR, which contributes to analysis, informs policy development and enables accurate monitoring.

Analysis of the data covered in this privacy notice is largely undertaken internally by Welsh Government analysts. However, we may also on occasion share all or part of the data provided to it with non government agencies working on behalf of the Welsh Government, for research purposes.

A complete list of the information that the Welsh Government holds about non-domestic properties in Wales is in the full list of data items.

Name of the ratepayer (liable business, organisation or individual) for each non domestic property in Wales along with details about the property itself. These include, but are not limited to, address, rateable value, description of the use of the property and any non domestic rates reliefs awarded for the property. This information is submitted to the Welsh Government annually by local authority Revenues and Benefits departments.

The names and addresses of businesses are required for the following purposes:

• to distinguish between different ratepayers in order to monitor existing relief schemes and develop new ones
• to analyse differences in the tax base over time (especially where there are gaps or errors in unique reference numbers assigned to properties)
• to identify different property types within the tax base for policy development (where property categorisations in the data are too imprecise)

Information is also being gathered from local authorities on properties awarded a grant under the COVID-19 Business Support Fund Grant Scheme (address, property reference number and type of grant awarded). This information is being provided on an occasional basis by local authorities and is linked to the annual billing dataset, using property reference numbers.

Some of the properties on the valuation list will have proprietors, tenants or occupiers that are sole traders, business partnerships, or citizens. It is the personal information about this subset of properties and their proprietors, tenants or occupiers which this privacy notice covers.

The data controller is defined as the public authority which, alone or jointly with others, determines the purposes and means of the processing of personal data.

Each local authority holds and processes information on businesses and other non-domestic properties for NDR billing purposes. As such, the local authority is a data controller.  

However, when the NDR billing datasets for all local authorities are transferred to us, this gives rise to a new Wales-wide dataset, and we determine the purpose to which this wider dataset is put. As such the Welsh Government is the data controller for the dataset which this notice refers to.

The UK General Data Protection Regulation (UK GDPR) requires a lawful basis for processing personal data. This notice relates to data on non domestic properties and the associated rates liability. However, certain records may contain data which falls within the definition of personal data. Where this is the case, Article 6(1)(e) applies: “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”.

In this case, the performance of a task in the public interest is the role of the Welsh Government in both monitoring existing policy and developing new policy.

The UK GDPR lists certain rights which apply to individuals in the context of storing and using their personal data. The rights extended to individuals under the article quoted above are as follows.

• the right to be informed (this notice)
• the right to access the personal data Welsh Government holds on you
• right to rectify any inaccuracies in that data
• right to (in certain circumstances) object or restrict processing of your information
• right (in certain circumstances) for your data to be ‘erased’

The Information Commissioner’s Office has more information on these rights.

The datasets will only be transferred through methods requiring appropriate authentication, with access limited to a small number of specific users. No data will be shared via a standard open email connection or by standard postal methods.

The Welsh Government becomes responsible for this data once it has been transferred to it, although local authorities will retain responsibility for any data they continue to hold on their own systems. The transferred data are stored in a secure database with access limited to approved Welsh Government users and locations.

Data will be retained by the Welsh Government for as long as it remains useful for policy development and, because historical data can be very useful in this context, this is likely to be a considerable number of years.

Data that are shared with third parties for research purposes will only be shared for the duration of the project, and there will be a requirement to destroy the data after that period.

If you have any further questions about either this notice or individuals’ rights please contact:

Non Domestic Rates Policy Team
Local Government Strategic Finance Division
Welsh Government
Floor 1 North
Cathays Park
Cardiff
CF10 3NQ
Email: LocalTaxationPolicy@gov.wales

Information Commissioner’s Office (Wales)
Churchill House
17 Churchill Way
Cardiff
CF10 2HH
Telephone number: 029 2067 8400 or 0303 123 1113
Email: casework@ico.org.uk
Website

The Welsh Government’s Data Protection Officer can be contacted at:

Data Protection Officer, Welsh Government, Cathays Park, Cardiff, CF10 3NQ
E-mail: DataProtectionOfficer@gov.wales

Information held by the Welsh Government about non domestic properties, their proprietors, tenants and occupiers and their billing information.