Councillors frustrated by GDPR restrictions on social housing

“IT’S NONE of anyone’s business who is living in what house”, Carlow County Council chief executive Coilín O’Reilly told members at a recent council meeting.

Mr O’Reilly was responding to county councillors who had expressed significant frustration with GDPR data protection legislation, claiming it was preventing them from effectively helping constituents with social housing issues.

Fine Gael councillor Brian Donoghue raised the issue at the meeting, arguing that GDPR might as well stand for ‘Gigantic Disaster for Public Representatives’.

Cllr Donoghue questioned whether councillors could be considered data controllers when dealing with housing matters and district housing lists. He emphasised that he had “no interest in knowing anybody’s sensitive medical information or anything overtly personal”, but wanted access to relevant information to help constituents seeking social housing.

“We have our housing lists for people who have applied to get houses and we are desperately trying to help people get houses, but when a person comes to me, I can give them so little information and so little help in relation to what houses are available and what houses might be turned around,” he explained.

The councillor highlighted what he saw as inconsistencies in the system, noting that planning applications include applicants’ names and site locations for public viewing, while housing information remains restricted.

“It just seems that the one area where we councillors have no real effect is knowing what the situation is with how many people are on the housing list, how many houses are available, how many houses might be able to be turned around in due course, and we end up in a vacuum,” he said.

Cllr Donoghue argued that if council property is being allocated to individuals, it would be reasonable for the 18 publicly elected representatives to be trusted with information about who is on the housing list.

Cllr Willie Quinn supported cllr Donoghue’s position, suggesting a system similar to the Housing Aid for Older People grant application, where applicants give permission for their names to be included on forms. He noted that updates to councillors about housing allocations, which didn’t include names, have ceased, even though this had been post-GDPR implementation.

“We are the ones who are working on the ground; we know if there’s a person dealing drugs; we know if a person has a violent past. We know as much about people in their own community than anyone, probably more than any council officially, when it comes to that,” cllr Quinn said.

Independent councillor Will Patton added to the debate, citing specific examples including 11 apartments at Slaney House in Tullow and new houses in Rathvilly, about which he had no information despite public expectations that he would be informed about allocations.

“We’re handing out houses – assets belonging to this council – behind a hidden bush because we as public representatives don’t know what’s going on,” cllr Patton said.

In response, Carlow Co Council chief executive Coilín O’Reilly defended the current approach, stating: “My initial answer to it is that it’s the law and that’s what we have to follow from our point of view.” 

Mr O’Reilly said he had no issue providing personal information when councillors are representing individuals, but drew a distinction between public processes such as planning applications and the private allocation of social housing.

“The reality is, though, you’re asking a question about … you said it yourself cllr Patton, it could have been a slip of the tongue, but you said ‘people are asking me who’s living in that house?’ It’s none of anyone’s business who is living in what house,” the chief executive said.

“Planning is a public process, the same as your expenses, councillor. That’s a public process. It’s public money. These are private people being given social houses,” Mr O’Reilly explained.

Cllr Patton responded that while councillors have no interest in gossiping or sharing information inappropriately, they are elected by the public who have “a fair expectation that we should have access to the information when it’s needed”.

As a potential solution, cllr Andrea Dalton outlined a pilot scheme for housing at Ballyknockan Manor where people can give permission for their names – minus exact house numbers – to be submitted to elected members, offering a possible model for working within GDPR regulations while addressing councillors’ concerns.