Guidance

Windrush Community Fund: privacy information notice

Published 14 December 2020

1. Why we collect your data

Some members of the Windrush generation have faced difficulties in demonstrating their lawful status in the UK, and therefore may have suffered losses in proving their right to work, finding a place to live, accessing healthcare, or an impact on their daily life. The Home Office has put in place several measures to right the wrongs and ensure that nothing like this happens again.

The Windrush Community Fund is a £500,000 fund to enable charity, community and grassroots organisations to promote and increase awareness of the Windrush Scheme and the Windrush Compensation Scheme (the schemes). Applicants for the Windrush Community Fund will be asked to provide relevant data in order for us to process and assess applications, and shortlist successful applicants against the criteria set out in the guidance for applicants.

The Windrush Community Fund will be administered by Voice4Change England.

Data collected from processing applications for the Windrush Community Fund is collected by the Home Office (data controller) on behalf of the UK government. This privacy information notice explains how:

• the Home Office may use data collected from processing applications for the Windrush Community Fund, and disclose it to other groups assisting with the assessment and shortlisting process, including the Windrush Community Fund and Windrush Schemes sub-group of the Windrush Cross-Government Working Group
• these organisations may use this personal data to carry out their functions

We may use the Windrush Community Fund data collected for prosecution purposes if there is reasonable suspicion that a person is attempting to fraudulently obtain money from the Windrush Community Fund or act in any other way which breaks the law.

2. How we protect your personal information

Your personal data will be processed securely. We do that by having systems and policies in place that limit access to your information and prevent unauthorised disclosure. In addition, we limit access to your personal data to staff, contractors and third parties who have appropriate security clearance and a genuine business need.

3. Who may have access to your data

The Windrush Community Fund will be administered by an external organisation called Voice4Change England, who are contracted by the Home Office to provide functions in relation to the consideration of your application form.

Examples of these functions include:

• helping you to complete your application form
• verifying your information, documents and identity

Voice4Change England and their panel members will handle and process personal data on our behalf and as instructed. See the Voice4Change England privacy notice for more information about this. The Windrush Community Fund and Windrush Schemes sub-group and the Windrush Cross-Government Working Group will also have access to your personal data when considering your application.

4. How long we will keep your data

Your data will typically be retained for 6 years in most circumstances or for as long as is necessary for the purpose for which it was collected for permitted purposes.

However, it should be noted that the Jay Inquiry, which commenced in February 2015, has placed a moratorium on the disposal of all records throughout the Home Office, including all operational records and case files. This is currently in force and will remain so until further notice. It does not apply where there is a statutory requirement to delete data.

5. The legal basis for collecting and processing your data

We are only allowed to use, gather and share personal information where we have an appropriate legal basis to do so under the UK General Data Protection Regulation (UK GDPR) or the Data Protection Act 2018.

We will only process your personal data where it is necessary to perform our legal and official functions. The legal basis for the processing of your data is Article 6(1)(e) of the UK GDPR – that is, that the 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.

We may also process special categories of personal data on the basis of Article 9(2)(g) of the UK GDPR, where the processing is to further coronavirus (COVID-19) health track and trace and is necessary for reasons of substantial public interest.

We may also process your personal data under Part 3 (law enforcement processing) of the Data Protection Act 2018 and Article 10 of the UK GDPR, where it comprises personal data relating to criminal convictions and offences.

6. Transfers of personal data to other countries

The UK GDPR applies to all personal data within the European Union, but rights may be enforced, where applicable, in other parts of the world.

We may transfer personal data to authorities or organisations in countries outside the European Economic Area. When we do, this will be for specific purposes laid down in law.

When we do this, we seek to take appropriate steps to safeguard your information, for example by agreeing memoranda of understanding.

We may rely on the derogation in Article 49(1)(d) of the UK GDPR where necessary and proportionate to do so with respect to the purpose of tackling coronavirus.

7. Contacting you using your information

Beyond the normal processing of your application, we may use your personal information (for example, email address and mobile number) to send you prompts. For example, to acknowledge the progress of your application form, when we need further information from you or to inform you of the outcome of your application.

In addition, we may use your details to seek feedback on the process of your application to help us improve the application and assessment process for the Windrush Community Fund, and for research purposes.

7.1 Automated decision making

Your personal data will not be used to make any automated decisions that have a significant legal effect.

7.2 More Information on privacy

Your personal data is collected and used by the Home Office when the law allows us to and where it is necessary and proportionate to do so.

Read more about how the Home Office uses and shares personal data, including your data protection rights more generally.

8. How to make a complaint

You have the right to complain to the Information Commissioner’s Office about the way we handle your information or the exercise of your other rights under the UK GDPR or the Data Protection Act 2018.

Postal applications are not being processed because of coronavirus until further notice. You can contact the Information Commissioner’s Office by telephone on 0303 123 1113.