This notice gives you important information about why the Trading Standards Service may collect your personal information, what we do with it, and what your rights are concerning it. You should read it before you give your consent to our processing of your information, though in some cases your consent, and even your knowledge of the collection, will not be required.
It covers the core functions of the Service in monitoring business practices, investigating alleged breaches of Trading Standards law, registering and licencing activities, promoting good business practice and supporting the development of local economies. For some specific functions more detailed information may be available.
Who is collecting and using your personal data?
Heart of the South West Trading Standards Service is provided by Devon County Council, and the Council is the ‘data controller’ for any personal data that we hold. As such, we will ensure that the data collected by us is processed in line with Devon County Council’s data protection policies and in line with your rights under the EU General Data Protection Regulation 2016/679 and, where applicable, the EU Law Enforcement Directive 2016/680 and associated data protection laws currently applicable in the UK.
Should you wish to find out more about Devon County Council’s data protection policies please contact our Data Protection Officer.
What information are we processing?
The Categories of information we collect, process, hold and share include:
- Personal Information (such as name, address, date of birth).
- Special Category information (health data may assist in determining whether it is in the public interest to prosecute someone, or facilitate the giving of evidence).
- Data relating to criminal convictions and offences. This is processed in relation to:
- functions conferred on the Council by law
- in connection with legal proceedings
- the prevention or detection of unlawful acts
- protecting the public against dishonesty
- preventing fraud
- suspicion of money laundering
- safeguarding of children and individuals at risk
- publication of legal judgements.
- Information relating to your interactions with Devon County Council and the services that we provide.
- Information you provide to us as part of your interactions with Devon County Council.
Please note that while anonymous information is always welcomed, not providing your personal data may hinder or limit the investigation of any issues you have brought to our attention or in which you have an interest, or similarly hinder the provision of any service by us. In some cases, where law requires it, our staff may be entitled to require the provision of personal data.
Why are we collecting your personal data?
We are collecting your personal data for the following purposes:
- To monitor and promote compliance with Trading Standards legislation in line with our Enforcement policy.
- For the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties. Provided we have a statutory function to enforce the legislation in question, this is a “law enforcement” purpose and some restrictions on your right of access to information apply.
- To fulfil the Council’s reporting and safeguarding obligations under legislation such as the Care Act 2014 and the Modern Slavery Act 2015.
- To register and licence activities where required by law, for example, explosives, petroleum, safety at sports grounds, animal feed hygiene.
- To provide services to the trade and public such as the Buy With Confidence scheme which promote a fair trading environment.
- To check the effectiveness of our own activities and consult on priorities we should apply to achieving our public duties.
- To conduct economic research, administer grant funds, and support local economies where part of a Public Task.
- For health and safety purposes.
- For property and asset maintenance.
- For staff administration, occupational health and welfare.
We rely upon the EU General Data Protection Regulation; the EU Law Enforcement Directive; the Enterprise Act 2002, the Consumer Rights Act 2015 and other statutes to collect and process your personal data.
Who will we share your personal data with?
It may be necessary for us to share your personal data with the following organisations/partners:
- Other local authority trading standards or regulatory services, including regional investigations teams and the England Illegal Money Lending Team.
- Other local authority adult social care services, for which we will ask your consent.
- Police services.
- Central government departments or agencies with a regulatory or reporting function in an area of mutual interest.
- The criminal justice system and agencies involved in it, for example, probation services, HM Courts Service, witness liaison and victim support services.
- With other partner agencies to reduce crime and disorder, anti-social behaviour and safeguarding of children and adults.
Sharing will only take place where legal gateways allow it and the sharing is necessary to a legitimate purpose and proportionate. We will assess the impact of any disclosure and make decisions on a case by case basis unless formal information sharing protocols which permit otherwise are in place.
How long will we hold your personal data?
Devon County Council will retain your personal data for only as long as is necessary, and in line with our organisation’s record retention schedules.
We do not currently use any automated decision-making mechanisms.
Exercising your rights
Under the EU General Data Protection Regulation and the EU Law Enforcement Directive you have the following rights:
- The right to confirmation as to whether or not personal data concerning you is being processed.
- The right to know the recipients or categories of recipient to whom the personal data has been disclosed.
- The right of access to your own personal data.
- The right to request rectification or deletion of your personal data.
- The right to object to the processing of your personal data.
- The right to request a copy of the information you provide us in machine-readable format.
- The right to withdraw your consent to any processing that is solely reliant upon your consent.
However, your rights of access to the information may be restricted to the extent and for so long as it is necessary and proportionate to:
- Protect the rights and freedoms of others.
Additionally, if the processing is for a ‘law enforcement’ purpose (see above), your rights of access to the information above may be restricted to the extent and for so long as it is necessary and proportionate to:
- Avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties.
Should you wish to exercise any of your rights, you should contact the Data Protection Officer.
In the event that you wish to complain about the way that your personal data has been handled by Devon County Council, you should write to the Data Protection Officer and clearly outline your case. Your complaint will then be investigated in accordance with the Council’s customer feedback procedure.
If you remain dissatisfied with the way your personal data has been handled, you may refer the matter to the Information Commissioner’s Office whose contact details are below:
Information Commissioner’s Office