Public Protection (Environmental Health, Environmental Protection, Licensing [not taxi licensing] and Trading Standards) Privacy Notice

Our core data protection obligations and commitments are set out in the Council’s Corporate Privacy Notice and on our website at Data Protection – Privacy Notice.

This notice provides additional privacy information for individuals who engage with the Public Protection Service (Environmental Health, Environmental Protection, Licensing [not taxi licensing] and Trading Standards).

Purpose(s)

We collect your personal information for the following purpose(s):

• Carrying out statutory inspections of businesses;
• Investigation of complaints or responding to enquiries;
• Pro-active enforcement activities to ensure compliance;
• For the prevention and / or detection of fraud and / or crime Intelligence sharing with enforcement partners;
• To allow us to communicate with service users;
• To fulfil a legal obligation;
• To provide a chargeable service to businesses to drive compliance;
• To signpost you to other sources of support.

Categories of Personal Data

In order to carry out these purposes we collect and obtain the following categories of personal data:

• Name;
• Address;
• Contact details (email address, telephone number(s));
• Full address of business premises (if applying to be an operator);
• Type & size of business;
• Names and addresses of other directors (if applying to be an operator);
• Insurance details.

Special Category Data

We may also collect special category personal data that may include:

• Racial or ethnic origin.

Legal Basis for Processing

We collect and use your personal information because:

• You have given your consent under GDPR Article 6(1)(a).
• It is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract under GDPR Article 6(1)(b);
• It is necessary under GDPR Article 6(1)(e) for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Council; or
• It is necessary for compliance with a legal obligation or statutory function of the Council under GDPR Article 6(1)(c). Such legal obligations and statutory functions are as set out in, but not limited to:
  • Licensing Act 2003
  • Local Government (Miscellaneous Provisions) Act 1976 and 1982
  • Air Quality (Taxi and Private Hire Vehicles Database) (England and Wales) Regulations 2019 (SI 2019 No. 885)
  • Animal Welfare (Licensing of Activities Involving Animals)(England) Regulations 2018
  • Animal Welfare Act 2006
  • Anti-social Behaviour, Crime and Policing Act 2014
  • Charities Act 1992
  • Criminal Justice and Police Act 2001 sec 19-28
  • Equality Act 2010
  • Gambling Act 2005
  • House to House Collection Act 1939
  • Lotteries and Amusements Act 1976
  • Mini Buses Act 1977
  • The Marriages Act 1949
  • The Marriages and Civil Partnerships (Approved Premises) Regulations 2005
  • The Marriages and Civil Partnerships (Approved Premises)(Amendment) Regulations 2011
  • Vehicle (Crime) Act 2001
  • Zoo Licensing Act 1981
  • Administration of Justice Acts 1970 and 1985
  • African Horse Sickness (England) Regulations 2012
  • Agriculture (Miscellaneous Provisions) Act 1968
  • Animal By-Products (Enforcement) (England) Regulations 2013
  • Animal Welfare Act 2006
  • Animals Act 1971
  • Animal Welfare (Licensing of activities involving animals)(England) Regulations 2018
  • Anti-social Behaviour Act 2003
  • Biofuel Labelling Regulations 2004
  • Bluetongue Regulations 2008
  • Bovines and Bovine Products (Trade) Regulations 1999
  • Brucellosis (England) Order 2015
  • Business Protection from Misleading Marketing Regulations 2008
  • Cancer Act 1939
  • Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008
  • Cattle Identification Regulations 2007
  • 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
  • Construction Products Regulations 2013
  • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
  • Consumer Credit Act 1974
  • Consumer Protection Act 1987
  • Consumer Protection from Unfair Trading Regulations 2008
  • Consumer Rights Act 2015
  • Copyright, Designs and Patents Act 1988
  • Cosmetic Products Enforcement Regulations 2013 and the EU Cosmetic Regulation1223/2009
  • Courts and Legal Services Act 1990
  • Criminal Justice Act 1988
  • Customs and Excise Management Act 1979
  • Detergents Regulations 2010
  • Diseases of Swine Regulations 2014
  • EC Fertilisers (England and Wales) Regulations 2006
  • Education Reform Act 1988
  • Energy Information Regulations 2011
  • Energy Performance of Buildings (England and Wales) Regulations 2012
  • Enterprise Act 2002
  • Environment Act 1995, as it applies to the Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012
  • Environmental Protection (Microbeads)(England) Regulations 2017
  • Estate Agents Act 1979
  • Explosives Regulations 2014
  • Fair Trading Act 1973
  • Financial Services (Distance Marketing) Regulations 2004
  • Fireworks Act 2003
  • Fluorinated Greenhouse Gases Regulations 2015
  • Foot-and-Mouth Disease (Control of Vaccination)(England) Regulations 2006
  • Forgery and Counterfeiting Act 1981
  • Fraud Act 2006
  • General Product Safety Regulations 2005
  • Hallmarking Act 1973
  • Horse Passports Regulations 2009
  • Housing Act 2004
  • Housing and Regeneration Act 2008
  • Knives Act 1997
  • Legal Services Act 2007
  • Medicines Act 1968
  • Money Laundering Regulations 2007
  • Motor Cycle Noise Act 1987
  • Motor Vehicles (Safety Equipment for Children) Act 1991
  • Olympic Symbol etc. (Protection) Act 1995
  • Package Travel, Package Holidays and Package Tours Regulations 1992
  • Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001
  • Performing Animals (Regulation) Act 1925
  • Prices Act 1974
  • Psychoactive Substances Act 2016
  • Pyrotechnic Articles (Safety) Regulations 2015
  • Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
  • REACH Enforcement Regulations 2008
  • Registered Designs Act 1949
  • Road Traffic Acts 1988 and 1991
  • Sheep and Goats (Records, Identification and Movement)(England) Order 2009
  • Single Use Carrier Bags Charges (England) Order 2015
  • Standardised Packaging of Tobacco Products Regulations 2015
  • Textile Products (Labelling and Fibre Composition) Regulations 2012
  • Theft Act 1968
  • Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010
  • Tobacco Advertising and Promotion Act 2002
  • Tobacco and Related Products Regulations 2016
  • Toys (Safety) Regulations 2011
  • Trade Descriptions Act 1968
  • Trade in Animals and Related Products Regulations 2011
  • Trade Marks Act 1994
  • Transmissible Spongiform Encephalopathies (England) Regulations 2010
  • Unsolicited Goods and Services Acts 1971 and 1975
  • Veterinary Medicines Regulations 2013
  • Video Recordings Act 1984
  • Vehicles (Crime) Act 2001
  • Welfare of Animals at Time of Killing (England) Regulations 2015
  • Zoonoses (Monitoring) (England) Regulations 2007
  • Animals and Animal Products (Examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015
  • Beef and Veal Labelling Regulations 2010
  • Country of Origin of Certain Meats (England) Regulations 2015
  • Food Act 1984
  • Food and Environment Protection Act 1985
  • Food for Specific Groups (Information and Compositional Requirements)(England) Regulations 2016
  • Food Information Regulations 2014
  • Food Safety and Hygiene (England) Regulations 2013
  • Genetically Modified Organisms (Traceability and Labelling)(England) Regulations 2004
  • Infant Formula and Follow-on Formula (England) Regulations 2007
  • Official Controls (Animals, Feed and Food)(England) Regulations 2006 in so far as it relates to food law
  • Official Feed and Food Controls (England) Order 2009 in so far as it relates to food law
  • Olive Oil (Marketing Standards) Regulations 2014
  • Organic Products Regulations 2009
  • Plastic Materials and Articles in Contact with Food (England) Regulations 2009
  • Poultry meat (England) Regulations 2011
  • Quick-frozen Foodstuffs (England) Regulations 2007
  • Scotch Whisky Regulations 2009
  • Specified Products from China (Restrictions on First Placing on the Market)(England and Wales) Regulations 2008
  • Spirit Drinks Regulations 2008
  • Wine Regulations 2011
  • Agriculture Act 1970
  • Animal Feed (Composition, Marketing and Use)(England) Regulations 2015
  • Animal Feed (Hygiene, Sampling etc and Enforcement)(England) Regulations 2015
  • Official Controls (Animals, Feed and Food)(England) Regulations 2006 in so far as it relates to feed law
  • Official Feed and Food Controls (England) Regulations 2009 in so far as it relates to feed law
  • Measuring Instruments Regulations 2016
  • Non-automatic Weighing Instruments Regulations 2016
  • Weights and Measures Act 1985
  • Weights and Measures (Packaged Goods) Regulations 2006
  • Health and Safety at Work Act 1974
  • The Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003
  • The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013
  • The Dangerous Substances and Explosive Atmospheres Regulations 2002,
  • The Explosives Regulations 2014,
  • The Petroleum (Consolidation) Regulations 2014
  • Explosives Act 1875
  • Redress Schemes for Letting Agencies Work and Property Management Work (Requirement to Belong to a Scheme etc)(England) Order 2014
  • African Horse Sickness (England) Regulations 2012
  • Agriculture (Miscellaneous Provisions) Act 1968
  • Agriculture Act 1970
  • Animal By-Products (Enforcement)(England) Regulations 2013
  • Animal Welfare Act 2006
  • Animal Welfare (Licensing of activities involving animals)(England) Regulations 2018
  • Animals Act 1971
  • Animals and Animal Products (Examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015
  • Bluetongue Regulations 2008
  • Bovines and Bovine Products (Trade) Regulations 1999
  • Brucellosis (England) Order 2015
  • Business Protection from Misleading Marketing Regulations 2008
  • Cattle Identification Regulations 2007
  • Companies Act 2006
  • Consumer Protection from Unfair Trading Regulations 2008
  • Diseases of Swine Regulations 2014
  • EC Fertilisers (England and Wales) Regulations 2006
  • Feed (Hygiene and Enforcement)(England) Regulations 2005
  • Food and Environmental Protection Act 1985
  • Food Safety and Hygiene (England) Regulations 2013
  • Foot-and-Mouth Disease (Control of Vaccination)(England) Regulations 2006
  • Forgery and Counterfeiting Act 1981
  • Genetically Modified Organisms (Traceability and Labelling)(England) Regulations 2004
  • Horse Passports Regulations 2009
  • Medicines Act 1968
  • Official Controls (Animals, Feed and Food)(England) Regulations 2006
  • Official Feed and Food Controls (England) Regulations 2009
  • Performing Animals (Regulation) Act 1925
  • Sheep and Goats (Records, Identification and Movement) (England) Order 2009
  • Trade Descriptions Act 1968
  • Trade in Animals and Related Products Regulations 2011
  • Transmissible Spongiform Encephalopathies (England) Regulations 2010
  • Veterinary Medicines Regulations 2013
  • Welfare of Animals at Time of Killing (England) Regulations 2015
  • Zoonoses (Monitoring) (England) Regulations 2007
  • Agriculture(Miscellaneous Provisions) Act 1968
  • Animal Boarding Establishments Act 1963
  • Animal Health Act 1981
  • Anti Social Behaviour Act 2003
  • Anti-Social Behaviour, Crime and Policing Act 2014
  • Building Act 1984
  • Caravan Sites and Control of Development Act 1960
  • Caravan Sites Act 1968
  • Chronically Sick and Disabled Persons Act 1970
  • Clean Air Act 1993
  • Clean Neighbourhoods and Environment Act 2005
  • Control of Pollution (Amendments) Act 1989
  • Control of Pollution Act 1974
  • Criminal Damage Act 1971 Section 1
  • Criminal Justice and Public Order Act 1994
  • Dangerous Dogs Act 1991
  • Dangerous Wild Animals Act 1976
  • Dogs (Fouling of Land) Act 1996
  • Dogs Act 1871
  • Environment Act 1995
  • Environmental Protection Act 1990
  • European Communities Act 1972
  • Food Safety Act 1990
  • Game Licenses Act 1860
  • Greater Manchester Act 1981
  • Guard Dogs Act 1975
  • Health and Safety at Work, etc. Act 1974
  • Health Act 2006
  • Highways Act 1980
  • Home Safety Act 1961
  • Housing Acts 1985 and 2004
  • Late Night Refreshment Houses Act 1969
  • Litter Act 1983
  • Local Government and Housing Act 1989
  • Local Government (Miscellaneous Provisions) Acts 1976 and 1982
  • Local Government Act 1972
  • Noise Act 1996
  • Noise and Statutory Nuisance Act 1993
  • Pet Animals Act 1951
  • Pollution Prevention and Control Act 1999
  • Prevention of Damage by Pests Act 1949
  • Protection of Animals Act 1911
  • Public Health (Control of Diseases) Act 1984
  • Public Health Acts 1936 and 1961
  • Refuse Disposal (Amenity) Act 1978
  • Riding Establishments Act 1964 and 1970
  • Scrap Metal Dealers Act 2013
  • Sunbeds (Regulation) Act 2010
  • Sunday Trading Act 1994
  • Town and Country Planning Act 1990
  • Town Police Clauses Act 1847
  • Water Industry Act 1991
  • Water Resources Act 1991
  • Zoos Licensing Act 1981

If you fail to provide certain information when requested, we may not be able to provide the service to you or we may be prevented from complying with our legal obligations.

We also collect special category under:

• GDPR Article 9(2)(a), you have given your explicit consent;
• and, if relevant, personal data relating to criminal convictions and offences to perform our public task as required by law.

[Exceptionally, under GDPR Article 6(1)(d) information may also be shared if it is necessary to protect individuals from harm, or under GDPR 6(1)(d) because a serious crime has, or may be, committed. 

Where has your personal information come from?

Most of the information we hold is provided by you, this could be the details you provide when you complete a licensing application or food business registration or if you seek business compliance support from us. We also hold information from individuals raising an issue or making a complaint about a business.

We will only collect basic personal data about you which includes your name, address, telephone number, email etc. together with information you have given us and information that we receive from third parties, for example Citizens Advice, Department for Environment & Rural Affairs, Food Standards Agency, Health & Safety Executive, Greater Manchester Police, Greater Manchester Fire & Rescue Service, Department of Work and Pensions, Office for Product Safety & Standards, Greater Manchester local authorities and other Tameside Council departments.

Who will we share your information with?

We may collect and share personal information about you with the following types of organisations:

• Other Tameside Metropolitan Borough Council Services;
• Safeguarding agencies and partnerships;
• Commissioned partners (e.g. a charity or other organisation that we ask to provide services on our behalf) and other voluntary and private sector organisations who assist in delivering our service);
• Healthcare partners;
• Schools, education providers and specialist teachers;
• Early education and childcare providers, such as nurseries and pre-schools;
• Greater Manchester Police (and other Police forces where appropriate);
• Greater Manchester Fire & Rescue Service
• Central Government Departments (e.g. Office for Product Safety & Standards, Department for Business and International Trade, Department for Science, Innovation & Technology, Department for Environment & Rural Affairs);
• Other National Regulatory Bodies (e.g. Health & Safety Executive, Food Standards Agency);
• Greater Manchester Combined Authority (GMCA);
• Other Local Authorities.

How long we will keep your data for and why?

We will only retain information for as long as it is necessary to provide services to you and/or for as long as required by us in order to comply with statutory retention periods.

Transferring data outside the European Economic Area (EEA)

Your information is not processed outside of the European Economic Area.

Your rights

Information about exercising your rights can be found on the council’s website Exercising Your Individual Rights.

Security 

We use appropriate technical, organisational and administrative security measures to protect any information we hold in our records from loss, misuse, and unauthorised access, disclosure, alteration and destruction. We have written procedures and policies, which are regularly audited, and the audits are reviewed at senior level.

Data Protection Officer

If you have any questions or concerns about how we use your personal information, please contact the Data Protection Officer at [email protected] or by calling 0161 342 8355. 

Automated Decisions

For this service, all the decisions we make about you involve human intervention.

Updates to Privacy Notice

We may update or revise this Privacy Notice at any time so please refer to the version published on our website for the most up to date details on our Data Protection page.