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Regulation and licensing

Regulation and licensing

This privacy notice explains what information the council needs in order to deliver regulation and licensing services - these include enforcement of environmental health, food safety, health and safety, private sector housing and licensing regulations. 

In order to provide these services, it is necessary for the council to collect, store and process personal data relating to complainants, business owners, landlords, and anyone else connected with a report. 

Safeguards are in place to ensure that this data is kept secure and the privacy of individuals is protected.

Who is responsible for your information? 

Chesterfield Borough Council is the data controller for the personal information collected unless stated otherwise.

How is your information collected?

As part of the regulation and licensing processes, the council may collect information about you in a number of ways, these could include:

  • Information you provide to us
  • Information created about you by an enforcement officer (for example the officer’s PACE notebook entry on your behaviour and interaction with them)
  • Information shared with us by another council team (for example the housing team)
  • Information shared with us by another regulatory or enforcement agency (for example the police or the fire service), by another local authority, or by a health and social care service
  • Information provided to us by a member of the public
  • Information shared with us by a government department or executive agency
  • The results of a data matching exercise like the National Fraud Initiative

Environmental health

Purposes of processing your personal data

We need to process your personal information in order to enforce environmental health regulations. This includes receiving reports, investigating issues, inspecting premises and issuing enforcement notices or fines. We also provide an advice service.

The environmental health team deal with a lot of different issues, including:

  • environmental protection issues and concerns
  • inspections of some businesses
  • enforcement on environmental protection legislation
  • abandoned vehicles
  • dangerous, stray and lost dogs, microchipping, complaints about dog fouling
  • air quality, pollution, contaminated land
  • public space protection orders (for both antisocial behaviour and dog control)
  • pest control information and pest controller service.

We need to process information about suspected offenders and the people who report concerns to us. When investigating an issue, we may also need to capture information about landowners, business owners, premise owners and any witnesses or other individuals involved or related to the investigation.

Categories of personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of personal information:

  • contact details
  • age.

Under data protection legislation, processing of this data is allowed because we have a statutory duty to provide the environmental protection service.

For some processes - including returning stray dogs to their owners, microchipping, pest control - we have to charge a small fee. Under data protection legislation, processing of this data is allowed because it forms part of the performance of a contract

Categories of sensitive personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of sensitive personal information:

  • health information.

Under data protection legislation, processing of this information is allowed because it is for reasons of substantial public interest, or because we have the explicit consent of the individual.

Legislation

The council’s statutory duty to carry out this processing is created from the following pieces of legislation (this list is not exhaustive):

  • Environmental Protection Act 1990
  • Clean Air Act 1993
  • Refuse Disposal (Amenity) Act 1978
  • Environment Act 1995
  • Control of Pollution Act 1974
  • Dangerous Dogs Act 1991
  • Microchipping of Dogs Regulations 2015
  • Clean Neighbourhoods and Environment Act 2005
  • Prevention of Damage by Pests Act 1949
  • Anti-social Behaviour, Crime and Policing Act 2014.

Who we share your personal data with

As part of an investigation or enforcement action, we may have to share information with:

  • other teams within the council (eg. housing service, legal team)
  • police
  • Derbyshire County Council ( eg. social care team, education authority, youth offending service)
  • health services
  • landlords (private and social).

Information about abandoned vehicles is passed to a vehicle lifting company to remove the vehicle. This data sharing is done as part of the delivery of this service.

Information about dog microchipping is passed to a microchipping organisation. This process is done with the consent of the individual.

Food and health and safety

Purposes of processing your personal data

We need to process your personal information in order to enforce food and health & safety regulations. The food and health & safety team deal with a lot of different issues, including:

  • investigation of complaints about food, health and safety issues, and accidents
  • enforcement of food and health and safety regulations
  • enforcement of smoke-free regulations
  • food premise approval and inspection
  • food sampling
  • advice and public health work
  • animal welfare complaints.

We need to capture and process information about the individuals who report concerns to us, along with details of the subject of the concern and/or offenders. When investigating an issue, we may also need to capture information about landowners, business owners, building owners and any witnesses or other individuals involved or related to the investigation.

Categories of personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of personal information:

  • contact details
  • age
  • criminal convictions.

Under data protection legislation, processing of this data is allowed because we have a statutory duty to provide the food safety service.

Personal data processed when we are asked for advice is done so with the consent of the data subject.

When we carry out audits on behalf of Derbyshire County Council, data processing is allowed because it forms part of the performance of a contract.

Categories of sensitive personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of sensitive personal information:

  • health information.

Under data protection legislation, processing of this information is allowed because it is for reasons of substantial public interest, or it is for reasons of public interest in the area of public health.

Legislation

The council’s statutory duty to carry out this processing is created from the following pieces of legislation (this list is not exhaustive):

  • Food Safety Act 1990
  • Food Safety and Hygiene (England) Regulations 2013
  • European Communities Act 1971
  • Police and Criminal Evidence Act (PACE) 1984
  • Health and Safety at Work Etc. Act 1974
  • European Communities Act 1971
  • Animal Boarding Establishments Act 1963
  • Breeding and Sale of Dogs Act 1999
  • Pet Animals Act 1951
  • Riding Establishments Act 64 & 70
  • Local Government (Miscellaneous Provisions) Act 1982
  • Foods Safety Act and Animal By-Products (Enforcement) (England) Regulations 2013
  • Animal Welfare Act 2006
  • Public Health (control of disease) Act 1984
  • Public Health (Infectious Diseases) Regulations 1988
  • Health Protection (Local Authority Powers) regulations 2010
  • Health Act 2006 and associated regulations.

Who we share your personal data with

As part of an investigation or enforcement action, we may have to share information with:

  • Food Standards Agency (FSA)
  • Public Health England (PHE)
  • other local authorities
  • businesses involved
  • Health and Safety Executive
  • health and social care services (Derbyshire County Council)
  • emergency services (police, fire).

This data sharing is done as part of the delivery of this service.

Some enforcement actions are shared with the public as a press release.

Private sector housing

Purposes of processing your personal data

We need to process your personal information in order to enforce private sector housing regulations. The private sector housing team deal with a lot of different issues, including:

  • investigation of complaints about private sector housing issues
  • enforcement of private sector housing regulations
  • inspections of privately rented properties and landlord accreditation (emlas scheme)
  • licensing of hmos, mobile home parks
  • maintaining records of empty homes
  • maintaining records of unauthorised encampments
  • providing public sector housing advice
  • administering grants and funding – disabled facilities grant, home repairs allowance.

We need to capture and process information about the individuals who report concerns to us, along with details of the subject of the concern and/or offenders. When investigating an issue, we may also need to capture information about landowners, business owners, building owners, landlords and any witnesses or other individuals involved or related to the investigation.

Categories of personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of personal information:

  • contact details
  • age
  • financial information
  • criminal convictions.

Under data protection legislation, processing of this data is allowed because we have a statutory duty to provide the private housing service.

Categories of sensitive personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of sensitive personal information:

  • health information.

Under data protection legislation, processing of this information is allowed because it is for reasons of substantial public interest, or because we have the explicit consent of the individual.

Legislation

The council’s statutory duty to carry out this processing is created from the following pieces of legislation (this list is not exhaustive):

  • Housing Act 2004
  • Housing Grants, Construction and Regeneration Act 1996
  • Landlord and Tenant Act 1985 and 1987.

Who we share your personal data with

As part of an investigation or enforcement action, we may have to share information with:

  • other teams at Chesterfield Borough Council (legal services, housing team, community safety team)
  • police
  • Derbyshire County Council
  • health and social care services
  • education authority
  • youth offending team
  • councillors (at cbc)
  • landlords (private and social).

This data sharing is done as part of the delivery of this service.

Some enforcement actions are shared with the public as a press release.

Licensing

Purposes of processing your personal data

We need to process your personal information in order to enforce business licensing regulations. The licensing team deal with a lot of different issues, including:

  • Issuing business and personal licences
  • investigating complaints
  • inspecting licensed businesses and properties.

We need to capture and process information about business owners, the individuals who report concerns to us, along with details of the subject of the concern. When doing an investigation or inspection, we may also need to capture information about landowners, building owners, landlords and any witnesses or other related individuals.

License holder information may also be used for the detection and prevention of fraud.

Categories of personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of personal information:

  • contact details
  • age
  • criminal convictions.

Under data protection legislation, processing of this data is allowed because we have a statutory duty to license certain business premises.

Categories of sensitive personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of sensitive personal information:

  • health information.

Under data protection legislation, processing of this information is allowed because it is for reasons of substantial public interest, or because we have the explicit consent of the individual.

Legislation

The council’s statutory duty to carry out this processing is created from the following pieces of legislation (this list is not exhaustive):

  • Licensing Act 2003.

Who we share your personal data with

As part of an investigation or enforcement action, we may have to share information with:

  • other teams at chesterfield borough council (legal services, housing team, community safety team)
  • police
  • Derbyshire County Council and other local authorities
  • health and social care services
  • regulatory agencies and industry specialists.

This data sharing is done as part of the delivery of this service.

Some enforcement actions are shared with the public as a press release.

We are required to share data about some license holders with the Cabinet Office as part of a national data matching exercise to prevent and detect fraud. For more details, please see our National Fraud Initiative privacy notice, and the Cabinet Office privacy notice.

Enquiries

Purposes of processing your personal data

We need to process your personal information if you contact the customer services centre, or call us up directly, with an enquiry or issue. This includes the following:

  • health and safety issue/accident reporting
  • general enquiries and advice
  • booking pest control services.

Categories of personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of personal information:

  • contact details.

Under data protection legislation, processing of this data is allowed because we have a statutory duty to provide regulation and licensing services and advice.

For accidents, processing is allowed because we have legal duty to record and report on health and safety issues.

If booking pest control services, this processing is allowed because it forms part of the performance of a contract.

Categories of sensitive personal data and lawful basis

In order to provide this service, we may need to process some or all of the following categories of sensitive personal information:

  • health information.

Under data protection legislation, processing of this information is allowed because it is for reasons of substantial public interest, or in the case of accident recording, because we have a legal obligation under employment and social protection law.

Who we share your personal data with

We are legally obliged to pass information about RIDDOR reportable accidents to the Health and Safety Executive. Other accidents and health and safety reports will be shared with relevant health and safety teams within the council.

Information from general enquiries will be passed to the relevant council team, with your consent. 

Further information

Please get in touch if you would like more information about how the council processes your personal data:

• contact the council's data protection officer


Last updated on 21 August 2018