The question of EDI data collection isn’t going away any time soon (I’m writing this in September 2024), so I’m sharing a positive breakthrough in thinking about the topic that I had the honour of helping a housing association to reach recently, in the hope it will help your conversations too.
(I’ll refer to the housing association in question as “HA”)
As part of a workshop with HA, I shared the slides below and talked about the difference between collecting and processing data for the purposes of general EDI monitoring, and collecting and processing data for the purposes of tailoring an individual’s customer experience.
Each use case needs its own legal basis, and all the other requirements apply to each of them too, such as transparency, data retention rules, and security. As legal basis is the starting point – #StartWithPurpose – as well as the area lots of organisations are struggling with, we’ll focus on that.
(The vague way that so many bodies, including the Ombudsman and the Regulator, not to mention the NHF and even the HDN, talk about the collection and use of EDI data explains a lot of that confusion, in my opinion! There is little to no acknowledgement of the legal requirements, especially the importance of a legal basis, in any of their communications and publications.)
See more information below (after the slides) about the current and future state of EDI data at HA.
HA currently store very detailed information about customers on their individual tenancy files, including the types of physical or mental illness or issue they have. They are currently removing lots of this data, which will reduce the risk of that data being leaked or otherwise misused, and harming customers.
HA was trying to decide on new questions to ask their customers, for helping ensure customers can access Reasonable Adjustments. They weer struggling largely because they had confused ‘needs’ with ‘wants/preferences.’ The explanation one colleague gave in the workshop illustrated this so clearly. He said “we’re trying to understand customer’s preferences so we can meet their needs.”
Needs can relate only to legally required reasonable adjustments, where the customer can’t reasonably access the service they are paying for, without the adjustment.
Wants, or preferences, relate to anything else, including customer service. They are not about legal requirements, they are just a nice-to-have for the customer.
HA planned to reconsider the questions, so they can clearly differentiate between wants & needs.
We also discussed how to word the questions in a way that allows customers to tell HA what they need or want, without necessarily having to explain why they need or want it.
We discussed how this questionnaire is also the ideal place to capture consent for electronic “marketing” messages to comply with the PEC Regs.
We didn’t reach a conclusion on the EDI monitoring data in the session; most attendees understood and agreed that the data isn’t being used in any meaningful way (as per the 5 P’s and the 4 I’s as in the slides above) as the EDI questions are collected via their lettings system and they weren’t clear who the Controller is of the system and the data within it, as they operate it on behalf of the Local Authority and don’t know if they can change the questions in the system… So that issue remains to be sorted out for this HA in particular.
How about your organisation? Please note that the Regulator of Social Housing has clarified that they expect housing providers to identify their own lawful basis for collecting and using EDI Data, and “the Regulator says we have to” isn’t true, and so “Legal Obligation” is off the table as a possible lawful basis. For more details on the message from the Regulator, see this Case Study.
More support & resources available for purchase include the CPDP Online EDI Data Toolkit, a bespoke EDI Clarity Session, or the newly launched EDI Data Insight Accelerator for more in-depth support.
UPDATE: The EDI Data Toolkit continues to grow, but the price stays the same at just £150. As well as the original EDI data presentation and Board/Exec Paper, it now includes an EDI Data Quick-Start Guide, TWO presentations – one on strategy and one on practice – and a quiz with a certificate, as well as an updated version of the Board/Exec Paper on lawful EDI Data Collection & Use in Social Housing, AND an EDI Data Strategy template ready for your immediate use! Still only £150.
Please give me a shout with any questions on EDI data, on clare@cpdataprotection.com
