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Trading Standards privacy notice

1. Council contact details

1.1 West Northamptonshire Council

Registered Office:

One Angel Square
Angel Street
Northampton
NN1 1ED

Tel: 0300 126 7000

Website: www.westnorthants.gov.uk

2. Information that we hold

Trading Standards is responsible for creating and maintaining a safe and fair trading environment for products and services, where businesses can operate and grow and consumers can engage in their economic activity with confidence.

2.1. We currently collect and process the following categories of information for Trading Standards:

  • personal identifiers, contacts and characteristics (such as name, email address, contact details and postcode)
  • details of complainants, consumers, businesses, victims and witnesses
  • customer financial information
  • referral or assessment information
  • information relevant to complaint/enquiry, investigation
  • criminal offences data

We will process this information to carry out our statutory duties and ensure compliance with the law, for public safety interests and the prevention and detection of crime.

3. How the information is obtained

3.1. Most of the personal information we process is provided to us directly by you for one of the following purposes:

  • discharge our statutory duties in connection with the regulation of products and services
  • provide advice to businesses
  • investigate complaints
  • undertake inspections and testing
  • service delivery
  • service planning ad improvement
  • prevent, detect and prosecute crime
  • service delivery, service improvement and design

We may also receive information from consumers, individuals, witnesses, victims, businesses, internal and external partners and agencies and enforcement agencies.

3.2. There are a number of reasons why we need to collect and use your personal information.

Generally, we collect and use personal information where:

  • you have requested a service from us
  • you have entered into a contract with us
  • it is necessary to protect public health
  • it is required for the prosecution of legal cases
  • you, or your legal representative, have given us your consent
  • you have made your information publicly available
  • it is necessary for law enforcement reasons and to prevent, and detect fraud or crime
  • we need to protect individuals from harm (in an emergency)
  • it is necessary for archiving, research, or statistical purposes - for these purposes your data would be used in a pseudonymised format (name and other identifying information replaced with a unique number)

The personal data collected is essential for the council to fulfil its official functions and meet legal requirements under relevant legislation and regulations, including but not limited to:

  • Agriculture (Miscellaneous Provisions) Act 1968
  • Agriculture Act 1970
  • Animal Health Act 1981
  • Animal Welfare Act 2006
  • Animals Act 1971
  • Anti-social Behaviour Act 2003
  • Cancer Act 1939
  • Children and Families Act 2014
  • Children and Young Persons (Protection from Tobacco) Act 1991
  • Children and Young Persons Act 1933
  • Clean Air Act 1993 – Motor Fuel (Composition and Content) Regs.
  • Companies Act 2006
  • Consumer Credit Act 1974
  • Consumer Protection Act 1987
  • Consumer Rights Act 2015
  • Copyright, Designs and Patents Act 1988
  • Criminal Justice Act 1988
  • Criminal Justice and Police Act 2001
  • Customs & Excise Management Act 1979
  • Education Reform Act 1988
  • Enterprise Act 2002
  • Estate Agents Act 1979
  • European Union (Withdrawal) Act 2018
  • Fireworks Act 2003
  • Food Act 1984
  • Food and Environmental Protection Act 1985
  • Food Safety Act 1990
  • Fraud Act 2006
  • Hallmarking Act 1973
  • Health Act 2006
  • Health and Safety at Work etc Act 1974 inc.
  • Explosives Act 1875
  • Public Health Acts 1936 and 1961
  • Knives Act 1997
  • Legal Services Act 2007
  • Licensing Act 2003
  • Motor Cycle Noise Act 1987
  • Offensive Weapons Act 2019
  • Olympic Symbol etc. (Protection) Act 1995
  • Prices Act 1974
  • Protection of Animals Act 1911
  • Psychoactive Substances Act 2016
  • Registered Designs Act 1949
  • Road Traffic Acts 1988 and 1991
  • Theft Act 1968
  • Tobacco Advertising and Promotion Act 2002
  • Trade Descriptions Act 1968
  • Trade Marks Act 1994
  • Unsolicited Goods and Services Acts 1971 and 1975
  • Vehicles (Crime) Act 2001
  • Video Recordings Act 1984
  • Weights and Measures Act 1985

and regulations made under the Acts.

Processing is necessary:

  • for the prevention and detection of crime
  • for compliance with a legal obligation
  • for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
  • in someone’s vital interest

Consent may be required for carrying some activities that help us carrying out our public duty, and we will make it clear to you when consent is being requested.

Where personal data is solely processed on the basis of consent, you will have the right to withdraw that consent.

The legal basis for processing special category data

We may need to collect special category data such as

  • racial or ethnic origin
  • political opinion
  • religious beliefs or other beliefs of a similar nature
  • membership of a trade union
  • biometrics (where used for ID purposes)
  • physical or mental health or condition

Where we do, we rely on one or more of the following legal bases to process it:

  • explicit consent of the data subject
  • to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent
  • for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law
  • for reasons of substantial public interest on the basis of law which is proportionate to the aim pursued and which contains appropriate safeguards
  • for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards and of medicinal products or medical devices

Conditions for criminal offence data, enforcement investigations and prosecutions

Where we are undertaking an investigation we are processing personal information under Part III of the Data Protection Act 2018 (DPA) for law enforcement purposes. The six law enforcement purposes are broadly the same as those in GDPR. Transparency requirements are not as strict, due to the potential to prejudice an ongoing investigation in certain circumstances.

When processing special category data, we must be able to demonstrate that the processing is strictly necessary and satisfy one of the conditions in Schedule 8 of the DPA or is based on consent.

4. What we do with the information

4.1 We may share this information with:

  • internal departments
  • external enforcement agencies such as HMRC, National Crime Agency, DWP, Illegal Money Lending Team, Insolvency Service, Environment Agency, Licensing, Action Fraud, Environmental Health, Legal Department
  • Police, Fire and Rescue Services
  • Judicial Agencies eg Courts, legal representatives
  • defendants and their legal representatives
  • other County Council Services and other Local Authorities
  • other Government Agencies
  • RSPCA (in cases involving alleged crime relating to non-farmed animals)
  • persons seeking to enforce their civil rights via a judicial process
  • Enforcement Receivers appointed under the Proceeds of Crime Act 2002
  • businesses with whom we have a Primary Authority Partnership (to help them improve compliance with legal requirements), such information will always be anonymised
  • Local authority trading standards and national trading standards and regional investigations teams
  • Central Government departments, such as the Office for Product Safety and Standards
  • members of the public, where lawful under certain Data Protection Act or Freedom of Information Act/Environmental Information Regulations conditions

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

5. How long we keep your information for and how we securely dispose of it after use

5.1. We keep your personal information for all aspects of processing in line with the council’s retention schedules.

5.2. We will securely dispose of your information in line with retention schedules.

6. How we store your information

6.1. Your information is securely stored on the council’s systems.

7. Your data protection rights

7.1. The law gives you a number of rights to control what personal information is used by us and how we can use it. Please see section 15 of the council’s Privacy Policy for further information.

7.2. Please be aware that your rights may differ depending on the lawful basis for processing your personal data.

7.3. The right to withdraw consent (if applicable). You can ask that we no longer use your details for this [processing/groups of processing]. If you wish to exercise this right, please contact the Data Protection Officer.

8. Who to contact

8.1. If you would like further information about how we use your personal information, or you wish to exercise one of your data rights or you wish to complain about the use of your personal information please contact the Data Protection Officer.

8.2. If you are still dissatisfied once you have contacted the Data Protection Officer, you have the right to complain to the ICO.

The ICO’s address:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113

This privacy notice was completed on 24 March 2021.

The privacy notice review date is March 2022.

Last updated 29 September 2021