Environmental Health and Licensing privacy notice

The following privacy notice applies to Environmental Health, Licensing, Pest Control and Port Health.

This notice explains how personal information is going to be used, what it is used for, who it might be shared with and why and for how long it is to be kept.

What information is collected?

We collect personal data about you which may include:

  • Name
  • Address
  • Telephone number
  • Email 
  • Other information you have given us
  • Information that we receive from third parties e.g. Public Health England, HSE, FSA, Trading Standards, Sussex Police

Why do we collect your personal information?

  • Deliver services and support to you
  • Manage those services we provide to you
  • Train and manage the employment of our workers who deliver those services
  • Help investigate any worries or complaints you have about your services
  • Keep track of spending on services
  • Check the quality of services
  • Investigations to issue licences and permits

For some of our services, we need to use your personal data so we can get in touch, or provide the service. We can also use your personal data under many different laws. The main ones for the council are the Local Government Acts and the Localism Act 2011, but there are many more.

Legislation covering the use of personal data
  • Animal Health Act 1981 
  • Animal Welfare Act 2006 
  • The Animal Welfare (Licensing of Activities Involving Animals) (England) Regs. 2018 
  • Anti-social Behaviour, Crime & Policing Act 2014 
  • Building Act 1984 
  • Clean Air Act 1993 
  • Clean Neighbourhoods and Environment Act 2005 
  • Control of Pollution Act 1974 
  • The Cremation (England and Wales) Regulations 2008 (as amended) 
  • Dangerous Wild Animals 1970 and 1991 
  • Environment Act 1995 
  • Environmental Protection Act 1990 
  • Food and Environment Protection Act 1985 
  • Food Safety Act 1990 
  • Food Safety and Hygiene (England) Regs. 2013 (as amended) 
  • Gambling Act 2005 
  • Health Act 2006 (Part 1) and any regulations thereunder 
  • Health and Safety at Work etc. Act 1974 
  • Health Protection (Part 2A Orders) Regs. 2010 
  • Housing Act 1985 
  • Housing Act 2004 
  • Housing Grants Construction and Regeneration Act 1996 
  • Licensing Act 2003 
  • Local Government and Housing Act 1989 
  • Local Government (Miscellaneous Provisions) Acts 1976 and 1982 
  • National Assistance Act 1948 
  • Noise Act 1996 
  • Official Feeds Food Controls (England) Regs 2009 
  • Prevention of Damage by Pests Act 1949 
  • Products of Animal Origin (Import and Export) Regs 1996 (as amended) 
  • Products of Animal Origin (3rd Country imports) (England) (amendment) Regs 2010 
  • Public Health Act 1936
  • Public Health Act 1961
  • Public Health (Control of Disease) Act 1984
  • Scrap Metal Dealers Act 2013
  • Sunbeds (Regulation) Act 2010
  • Sunday Trading Act 1994
  • Town and Police Clauses Act 1847
  • Water Industry Act 1991
  • Zoo Licensing Act 1981

In many cases there is a law that says we must or we can process your data and we can do so without your consent or permission. 

For some services we process your data under a contract e.g. a commercial pest control contract or a service contract. Where we do not directly provide the service, we may need to pass your personal data onto the organisations that do. These providers are under contract and have to keep your details safe and secure, and use them only to provide the service. 

Data Controller

Â鶹¹û¶³´«Ã½ Borough Council is registered as a Data Controller with The Information Commissioner’s Office (Registration Number Z5327706).

The Council (CBC) complies with The Data Protection Act 2018 and the GDPR.

We ensure that your personal data is processed fairly, kept safe and secure and retained for no longer than is necessary.

The Data Protection Officer for CBC is Head of Legal and Democratic Services.

If you have any concerns or questions about how we look after your personal information please contact the Data Protection Officer.

The legal basis for processing personal data

  • Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract
  • Processing is necessary for compliance with a legal obligation
  • Processing is necessary to protect the vital interests of a data subject or another person
  • 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

Who we share data with

We pass data to:

  • Internal departments
  • Other local authorities (education, social care children and relevant housing and employment and other services)
  • Central Government
  • Other third-party organisations, as allowed by law
  • Other partner agencies that provide services on our behalf
  • Agencies with whom we have a duty to co-operate, such as the police
  • Housing Associations
  • Benefits Agency
  • HM Court Services

We will not share data with third-parties for marketing purposes.

If your data needs to be transferred we will make sure that an adequate level of protection is in place.

Retention periods

Some records concerning accidents at work, infectious disease, licensing or registration have statutory time limits or a need to keep a history of a person who holds a licence or registration with the council. 

Category
Data
Legislation
Retention period
Infectious disease notification
Information received from Public Health England (PHE)
Public Health (Control of Disease Act 1984)
6 years from year record created
Infectious disease notification under 18 yrs
Information received from PHE
Public Health (Control of Disease Act 1984)
6 years from year record created
Infectious disease investigation where patient is excluded from work and compensated by CBC
Information received from PHE
Public Health (Control of Disease Act 1984)
6 years from year record created
Accident reports under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) injured parties, employee member of public
Reports received from Health and Safety Executive (HSE)
Health and safety at Work etc. Act 1974
30 years from date of incident
Accident reports under RIDDOR injured parties under 18  
Reports received from HSE
Health and safety at Work etc. Act 1974
30 years from date of incident
Accident reports under RIDDOR member of public in care home  
Reports received from HSE
Health and safety at Work etc. Act 1974
30 years from date of incident
Food safety complaint relating to food poisoning, contamination, hygiene 
Details of complaint, complainant, complainee and associated information
Food Safety Act 1990, Food Safety and Hygiene (England) Regs. 2013 (as amended)  
6 years from date investigation concludes
Food safety enforcement where home caterer or mobile and home address if the registered address
Reports and associated documents relating to the enforcement of food safety
Food Safety Act 1990, Food Safety and Hygiene (England) Regs. 2013 (as amended)
Retain from date the enforcement action completed/life of the ban for 6 years
Noise pollution where a non-statutory investigation takes place
Details of complaint, complainant, complainee and associated information
Noise Act 1966, Control of Pollution Act 1974  
6 years from date occupier vacates property
Noise pollution where the investigation is either statutory or non statutory
Details of complaint, complainant, complainee and associated information
Noise Act 1966, Control of Pollution Act 1974
Retain from date process changes for 6 years
Noise - statutory complaint leading to enforcement
Details of complaint, complainant, complainee and associated information
Noise Act 1966, Control of Pollution Act 1974
6 years from date of enforcement
Noise - non statutory complaint leading to enforcement
Details of complaint, complainant, complainee and associated information
Noise Act 1966, Control of Pollution Act 1974
6 years from date of enforcement
Service request - pollution
Details of complaint, complainant, complainee and associated information
Noise Act 1966, Control of Pollution Act 1974  
6 years from date occupier vacates property
Pest control
Requests from members of the public to treat at residential premises for pests by CBC pest control officer
Prevention of Damage by Pests Act 1949
6 years from date of request
Pest control – contracted service
Requests from members of the public to treat at residential premises for pests – where a contractor is used
Prevention of Damage by Pests Act 1949
6 years from date of request
Health & Safety prosecution register
Details of offences
Health and safety at Work etc. Act 1974
6 years from record created
Scrap metal site registration
Information relating to the issue of the licence
Scrap Metal Dealers Act 2013
6 years from expiry of licence
Scrap metal personal registration
Information relating to the issue of the licence
Scrap Metal Dealers Act 2013
6 years from expiry of licence
Pet shop licence
Information relating to the issue of the licence
The Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018
6 years from expiry of licence
Dangerous animals licence 
Information relating to the issue of the licence
The Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018
6 years from expiry of licence
Animal Boarding Licence
Information relating to the issue of the licence
The Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018
6 years from expiry of licence
Dog breeding licence
Information relating to the issue of the licence
The Animal Welfare (Licensing of Activities involving Animals) (England) Regulations 2018
6 years from expiry of licence
Acupuncture registration
Information relating to the issue of the licence
Local Government (Miscellaneous Provisions) Regulations 1982
6 years from expiry of licence
Tattooist, piercing & electrolysis including semi-permanent make-up registration
Information relating to the issue of the licence
Local Government (Miscellaneous Provisions) Regulations 1982
6 years from expiry of licence
Premises licence (if submitted by individual)
Information relating to the issue of the licence
Licensing Act 2003
6 years from expiry of licence
Variation to premises licence (full, minor)
Information relating to the issue of the licence
Licensing Act 2003
6 years from expiry of licence
Personal alcohol and entertainment licence (Personal Licence)
Information relating to the issue of the licence
Licensing Act 2003
6 years from expiry of licence
Temporary event notice (TEN)
Information relating to the issue of the notice
Licensing Act 2003
6 years from date of event
Licensing service request
Details of request, complainant, complainee and associated information
Licensing Act 2003
6 years from date investigation concludes
Sex establishment licence
Information relating to the issue of the licence
Licensing Act 2003
6 years from expiry of licence
Environmental Health out of hours emergencies
Details of complaint, complainant, complainee and associated information from Forest Care (out of hours)
Depends on type of request
6 years from date of event
Anti social behaviour (neighbour nuisance)
Details of complaint, complainant, complainee and associated information 
Depends on type of nuisance
6 years from date of resolution

Rights

You have the right to:

  • Be informed of data processing (which is covered by this privacy notice)
  • Access information (also known as a Subject Access Request)
  • Have inaccuracies corrected
  • Have information erased
  • Restrict processing
  • Data portability
  • Intervention in respect of automated decision making (automated decision making is rarely operated within CBC)
  • Withdraw Consent (see below)
  • Complain to the Information Commissioner’s Office (see below)

To exercise any of these rights please contact the Data Protection Officer.
 

Withdrawal of consent

The lawful basis upon which CBC process personal data is  set out in this notice.  However, where personal data is solely processed on the basis of consent, you will have the right to withdraw that consent.

Where can I get advice?

If you have any worries or questions about how your personal information is handled please contact our Data Protection Officer.

For independent advice about data protection, privacy and data rights, you can contact the Information Commissioner’s Office (ICO):

  • Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire DK9 5AF
  • Tel:  0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number
  • Visit
  • Email casework@ico.org.uk