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Food health and safety privacy notice

Food health and safety privacy notice

This privacy notice explains what information the council needs in order to deliver food safety services.

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.

This privacy notice should be read alongside the council’s main privacy notice.

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, by a health or social care professional or organisation, or by another licensing authority
  • information we receive from the Disclosure and Barring Service (DBS)
  • information provided to us by a member of the public
  • information shared with us by a government department or executive agency - for example Public Health England (PHE) or the Food Standards Agency (FSA)
  • the results of a data matching exercise like the National Fraud Initiative
  • information collected from surveillance cameras.

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 about food safety
  • investigation of infectious disease outbreaks and other 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 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
  • information about where you work
  • health information.

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.

Where we process sensitive personal data (eg. health data) our lawful basis is that it is for reasons of substantial public interest, or because we have the explicit consent of the individual.

Consent

Where our lawful basis is consent, you have right to withdraw that consent at any time. Please use the contact details below to get in touch if you would like to do this.

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 (HSE)
  • 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. 

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. 

We are legally required to make some registers available to the public eg. animal licensing and skin piercing registered businesses.

Further information

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


Last updated on 06 August 2019