Environmental Health Privacy Notice
Privacy Notice for Environmental Health (joint service with Sevenoaks District Council)
We play an active role in protecting and promoting environmental and public health in our community.
Most of the personal information we hold about you is provided by you. The information collected and held will vary and depend on the nature of the service. If you choose not to provide us with the information we ask for, in many cases, we will not be able to provide you with the service.
Processing activity - In general we will process personal information relating to:
- food premises inspections
- notifications from Public Health England
- food hygiene training
- LOLERS (defect notifications)
- cooling towers’ register
- Health & Safety at Work inspections
- skin piercing registration(s)
- animal licensing activities
- stray dogs’ register
- alarm database
- receiving and investigating complaints of a statutory nuisance
- service of abatement notice(s)
- primary authority activities receiving and investigating complaints
- access to social media accounts (with a RIPA1 authorisation)
- issue of fixed penalty notices
- advice, guidance and training
- general correspondence between you and us
Information requirements - our processing activities may include:
- your address, telephone number, email address
- site address
- organisation details
- organisation activities
- health data
- offence(s) data
- diary entries
- noise recordings
- video recordings
- sole trader details
- land ownership details
- record of fee payments (excluding debit/credit card details)
Lawful bases2- our lawful bases for processing your personal information are:
- our legal obligation(s) under the:
- Public Health Act 1936
- Riding Establishments Acts 1964 – 1970
- Health and Safety at Work etc. Act 1974
- Dangerous Wild Animals Act 1976
- Zoo Licensing Act 1981
- Local Government (Miscellaneous Provisions) Act 1982
- Local Government (Miscellaneous Provisions) Act 1976
- Public Health (Control of Disease) Act 1984
- Environmental Protection Act 1990
- Food Safety Act 1990
- Health Act 2006
- The Smoke-free (Private Vehicles) Regulations 2015
- Environmental Protection (Stray Dogs) Regulations 1992
- Notification of Cooling Towers and Evaporative Condensers Regulations 1992
- Noise and Statutory Nuisance Act 1993
- Noise Act 1996
- Anti-Social Behaviour Act 2003
- Food Hygiene Regulations 2006
- Regulatory Enforcement and Sanctions Act 2008 & Primary Authority Statutory Guidance
- Health Protection (Notification) Regulations 2010
- Food Safety and Hygiene (England) Regulations 2013
- Reporting of Injuries, Diseases and. Dangerous Occurrences Regulations 2013
- Anti-Social Behaviour Crime and Policing Act 2014
- Control of Pollution Act 1974
- Refuse Disposal (Amenity) Act 1978
- Environmental Protection Act 1990
- Clean Air Act 1993
- Environment Act 1995
- Anti-Social Behaviour Act 2003
- Clean Neighbourhoods and Environment Act 2005
- Animal Welfare (Licensing of Activities Involving Animals) Regulations 2018
- The Health Protection (Coronavirus, Restrictions) (No.2) (England) Regulations 2020 – reg.9(13) (issue of fixed penalty notices)
- The Health Protection (Coronavirus, Collection of Contact Details etc. and Related Requirements) Regulations 2020 – requirement to request certain information from individuals, groups etc.
- The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 – reg 10(6) (self -isolation enforcement) and reg.12(12) (issue of fixed penalty notices)
- where processing is necessary for the performance of a task in the public interest or in the exercise of official authority vested in us under the legislation referred to above
- where processing is necessary for compliance with a legal obligation (Article 6(1)(c) UK GDPR)
- where processing is necessary for the reasons of substantial public interest (Article 9(2)(g) UK GDPR)
- where processing is necessary 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 of quality and safety of healthcare (UK GDPR Article 9(2)(i))
- Data Protection Act 2018 Schedule 1 Part 1 (2) - health or social care purposes
- where applicable, the Data Protection Act 2018, sections 30 and 31 (law enforcement provisions)
Reasons for processing - some of the information we collect is classified as:
- special category personal data;
- criminal convictions and offences (including alleged offences).
This is processed for reasons of substantial public interest under the laws that apply to us (see above) where this helps to meet our broader social obligations such as where it is necessary for us to fulfil our legal obligations and regulatory requirements. We have a Data Protection Policy that sets out how this information will be handled.
Joint Data Controller - the administration of our environmental health service is undertaken by us jointly with Sevenoaks District Council under a collaborative partnership arrangement. We decide together all the purposes for using the personal information that we share and we decide together the broad ways in which that personal information will be used. On occasion, in accordance with section 6(2) of the Data Protection Act 2018, we may be prevented from sharing and/or delegating the exercise of our functions, thereby requiring us to exercise our functions as a sole data controller.
Data sharing - we may share your information with and receive information from:
- council department(s)
- Public Health England
- Kings College London
- Health & Safety Executive
- local authorities
- water utilities
- Food Standards Agency
- Drinking Water Inspectorate
- Environment Agency
- UK Border Force
- Kent Fire and Rescue
- Port Health Authorities
- Kent Trading Standards
We share information with the police to aid with the detection and prevention of criminal acts. We may also rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and obligations under the Data Protection Act 2018. Please refer to the Kent and Medway Information Agreement for further details on our sharing arrangements.
Fixed penalty notices may be issued by us for a range of offences pursuant to the relevant regulations made under the Coronavirus Act 2020. We may share with and receive from Kent County Council Trading Standards, the Police and Kent local authorities’ environmental health departments information on a fixed penalty notice identifying the recipient, their details (name and address), reasonably detailed particulars of the circumstances alleged to constitute the offence and the amount of the fixed penalty (this increases dependent on the number of penalties issued).
Retention period - we keep your personal information for the minimum period necessary. The information outlined in this Privacy Notice will be kept for 7 years after the last action unless exceptional circumstances require longer retention eg: a pending legal proceedings. All information will be held securely and disposed of confidentially.
Right to object - where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. We will have to demonstrate why it is appropriate for us to continue to use your personal data.
Anonymisation - your personal information may be converted ('anonymised') into statistical or aggregated data in such a way that ensures that you cannot be identified from it. Aggregated data cannot, by definition, be linked back to you as an individual and may be used to conduct research and analysis, including the preparation of statistics for use in our reports.
Changes to this Privacy Notice - we review this Privacy Notice regularly and will place updates on our website.
Please refer to our Corporate Privacy Notice for further details of how we process your personal information and your rights.
1 Regulation of Investigatory Powers Act 2000
2 Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information
GDPR Privacy Notice Environmental Health