Privacy notice - Public Protection

This notice gives you information about the data we hold about you, how we use it, your rights in relation to it and the safeguards that are in place to protect it.

Public Protection Services comprises a range of statutory functions, including but not limited to: Food Authority (including hygiene & standards), Feed Authority, Petroleum Licensing Authority, Trading Standards Authority, Weights & Measures Authority (including all attributable functions), Licensing Authority, Pollution Control Authority (including Contaminated Land and Environmental Permitting  Authority), Infectious Disease Control, Safety at Sports Grounds Authority and Health and Safety Enforcement Authority for designated workplaces.

To provide this service we will process a range of data including (where applicable and needed) name, date of birth, email addresses, contact telephone numbers, physical addresses and business details including legal entities and trading locations and health data if required.

We are collecting this data pursuant to legal obligations arising from statutory function or performance of a task carried out in the public interest.

If you don't allow us to use your data this will mean that your complaint cannot be pursued, your licence or consent application, registration or permit cannot be processed, we cannot investigate the matter further, your accident may not be investigated, your infectious disease report may not be pursued. This list is not exhaustive.

Wiltshire Council is the data controller for the purposes of the Data Protection Act 1998 and other regulations including the General Data Protection Regulation (Regulation (EU) 2016/679) and Law Enforcement Directive, which means it determines what your data is used for and why it is collected.

The purpose of this privacy notice is to tell you about what information we collect about you when you use our service, how we use that information and who we may share it with. The Council's Data Protection Officer can be contacted at dataprotection@wiltshire.gov.uk (opens new window).

Full details of the registration are available at ICO register of data controllers (ico.org.uk) (opens new window).

We can be contacted by phone, in person, or in writing, please see the Contact page.

Our DPO may be contacted as above or online at InformationGovernance@wiltshire.gov.uk (opens new window).

The Public Protection Service will process your personal information for the following purposes:

• licensing and regulatory activities
• carrying out surveys
• local fraud initiatives
• carrying out health and public awareness campaigns
• corporate administration and all activities we are required to carry out as a data controller and public authority
• maintaining our own accounts and records
• crime prevention and prosecution offenders including the use of CCTV
• undertaking research
• data matching under local and national fraud initiatives.

Our processing shall be lawful because at least one of the following will apply:
(a) The data subject has given consent to the Council for processing of their personal data for one or specific purposes;
(b) Process is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
(c) Processing is necessary for compliance with a legal obligation to which the Council is subject.  For public protection the major legislation enforced includes; Animal Welfare Act 2006, Anti-Social Behaviour, Crime and Policing Act 2014, Consumer Protection Act 1987, Environmental Protection Act 1990, Food Safety Act 1990, Health & Safety at Work Act 1974, Licensing Act 2003.
(d) Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
(e) 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 Council;

If your special category data is processed, in addition to one of the above, processing will be necessary because at least one of the following shall also apply:

(a) The data subject has given explicit consent to the processing of those personal data for one or more specified purposes;
(b) To carry 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;
(c) To protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
(d) Processing relates to personal data which are manifestly made public by the data subject;
(e) For the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
(f) Processing is necessary for reasons of substantial public interest;
(g) Processing is necessary for the purposes of preventative or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services;
(h) 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 health care and of medicinal products or medical devices;
(i) For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.

We will use the information to exercise all statutory functional areas.

We will share your personal data where necessary and lawful within the Council, but we will not share your data with any other third parties unless we are required or permitted to do so by law.

Where necessary and lawful, or when required by legal obligation, we may share information with:

• customers
• family, associates or representatives of the person whose personal data we are processing
• current past and prospective employers
• healthcare, social and welfare organisations
• providers of goods and services
• financial organisations
• debt collection and tracing agencies
• private investigators
• service providers
• local and central government
• ombudsman and regulatory authorities
• professional advisers and consultants
• courts and tribunals
• trade unions
• credit reference agencies
• professional bodies
• survey and research organisations
• police forces
• housing associations and landlords
• voluntary and charitable organisations
• religious organisations
• data processors
• other police forces, non-home office police forces
• regulatory bodies
• customs and excise
• local and central government
• international law enforcement agencies and bodies
• security companies
• partner agencies, approved organisations and individuals working with the police,
• licensing authorities
• service providers
• healthcare professionals
• current past and prospective employers and examining bodies
• law enforcement and prosecuting authorities
• legal representatives, defence solicitors
• police complaints authority
• the disclosure and barring service
• healthcare professionals.

Wiltshire Council will process your personal data for the above purposes for no longer than necessary. Full details of our retention schedule can be given upon request.

We will normally hold this information for 6 years. Certain information may be kept longer or indefinitely, examples include private water supplies data which will be kept for 30 years, petroleum licensing or contaminated land information will be retained indefinitely due to ongoing relevance. Information relating to asbestos exposure will also be held indefinitely. After this your information will be deleted or archived.

Your rights are set out in the current Data Protection legislation and include:

• the right to access your personal information, to request rectification or erasure of certain personal information and to object to processing in certain circumstances.
• the right to withdraw any consent you may have given to process your personal information.
• the right to complain to the Information Commissioner (opens new window) if you feel we are processing your personal information unlawfully.
• the right to restrict processing activity in certain circumstances.
• the right to object to certain types of processing activity.

The information you are giving us is not a statutory or contractual requirement; or a requirement necessary to enter into a contract. You are not obliged to provide this information although failure to do so may render the Council to proceed with your request of services.

Wiltshire Council does not use automated decision making in respect to your personal information. We will provide you with an explanation of the decision-making criteria and significance or likely consequences of such data processing.

Wiltshire Council is required by law to protect the public funds it administers. It may share information provided to it with other bodies responsible for auditing, administering public funds, or where undertaking a public function, in order to prevent and detect fraud.