Commercial Regulation and Licensing

The following information provides details on how we may collect use and where appropriate share personal information in accordance with the UK General Data Protection Regulations (UK GDPR). It should be read in conjunction with the Council’s privacy notice document.
 

Why we collect personal data

In order to perform our public tasks and official functions and duties under Environmental Health and Licensing legislation it is necessary for us to collect and use personal data for purposes such as:

• dealing with complaints and enquiries about breaches of the law
• providing advice about compliance with the law
• issuing licences, taking registrations and consenting to activities
• carrying out checks such as inspections and other visits
• conducting investigations and law enforcement
• customer surveys (required under the Regulators’ Code)

We collect and use special category personal data, or ‘sensitive’ personal data for the purpose of performing our public tasks when:

• conducting investigations and gathering evidence for law enforcement purposes
• dealing with complaints and enquiries about breaches of the law
• Issuing licences

Dealing with accident reports or reports of infectious diseases

What personal data we collect

The personal data we collect will include:

• name
• address
• email address
• telephone number
• details collected in our interactions as part of our inspections and visits, investigations and enforcement actions

In some circumstances we'll need more details and sometimes sensitive personal data, for example if you are a taxi driver, or applying for a street trading consent, for dealing with notifiable work related accidents or reports of infectious diseases.

We may monitor and record electronic communications (website, email and phone conversations) for a number of reasons such as:

• staff training
• records of conversations
• the detection, investigation and prevention of crime

We will inform you if your call is being recorded or monitored. 

Emails that we send to you or you send to us, may be retained as a record of contact and your email address stored for future use in accordance with our retention periods. If we need to email sensitive or confidential information to you, we may perform checks to verify the correct email address and may take additional security measures.

See our Data Protection Policy for details on how we define personal and non-personal data.

How we use your personal data

We'll only use your personal data in accordance with data protection legislation, and for the purposes stated in this privacy notice.

We'll:

• only ask for what is necessary for us to perform our public tasks and official functions and duties under Environmental Health and Licensing legislation
• protect it and make sure nobody has access to it who shouldn’t
• ensure you know if you have a choice about giving us personal data
• only share your personal data with other Scarborough Borough Council departments or with external partners, agencies and contractors involved in delivering services on our behalf
• make sure we don’t keep it for longer than is necessary
• delete or destroy it securely when we no longer have a need to keep it

We ask that you:

• give us accurate information
• tell us as soon as possible of any changes
• tell us as soon as possible if you notice mistakes in the information we hold about you

From time to time, we may conduct or ask you to take part in a survey to get your feedback, comments and opinions to help us improve our services.

Who we share your personal data with

Any information we use in presentations or reports will be anonymised and will not identify any individuals. For example, a report on the numbers of infectious diseases will not feature any of your personal data.

We do not disclose or share sensitive or confidential information without your explicit consent except where disclosure is required by law, or where we have good reason to believe that failing to do so, would put you or someone else at risk.

We may be required or permitted, under data protection legislation, to disclose your personal data without your explicit consent, for example if we have a legal obligation to do so, such as for:

• law enforcement
• fraud investigations
• regulation and licensing
• criminal prosecutions
• court proceedings

We must protect public funds and may use personal data and data-matching techniques to detect and prevent fraud, collect taxes and ensure public money is targeted and spent in the most appropriate and cost-effective way. To do this, your personal data may be shared with other bodies responsible for auditing or administering public funds, including the Health and Safety Executive, Department for Work and Pensions, HM Revenue and Customs, the Police and other local authorities.

Our legal basis for collecting and sharing personal data

We process personal data in relation to Environmental Health and Licensing, in accordance with legal obligations to which we are subject or because processing is necessary for performance of a task carried out in accordance with our legal obligations, and our contractual obligations, or where 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.

We processes certain special categories of personal data, such as medical data, because processing is necessary for the performance of a task of substantial public interest.

How long we keep your personal data

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.  We will keep your personal data for the length of time set out in our retention schedule.  We will delete or destroy your personal data securely.

At the end of the retention period, we may pass any relevant information to the Archives where it is required or appropriate to do so.

Further processing of personal data

If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we'll provide you with a new notice.

The new notice will:

• explain this new use before we start the processing
• set out the relevant purposes and processing conditions

Where and whenever necessary, we'll seek your consent to the new processing, if we start to use your personal data for a purpose not mentioned in this Privacy Notice.

See our Data Protection Policy for details about the further processing of personal data.

Personal data from online payments

The personal data you give to us when using our online payment system will only be used for the recording of your payment. We'll ensure that it is used for no other purpose and is not disclosed to a third party such as other companies or individuals, unless required to do so by law for the prevention of crime and the detection of fraud.

We'll hold it securely and only for as long as is needed. It will then be deleted in line with our Retention and Disposal Policy and Procedures.

See our Data Protection Policy for details on how we process your personal data in connection with online payments.

Your rights relating to your personal data

When we collect your personal data we'll tell you how we are going to use it. Where we process your personal data, you have a number of rights under data protection law.

Find information about your rights on our UK GDPR page.

Further information

If you have any questions, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us at dataprotection@scarborough.gov.uk or on 01723 232323 or write to:

Data Protection Officer
Scarborough Borough Council
Town Hall
St Nicholas Street
Scarborough
North Yorkshire
YO11 2HG