Who Will Own My Data Once I Submit It?
Knowsley Council
Why Do You Need My Information?
We use your personal information to fulfil the following purposes:
- The performance of our legal and statutory duties of inspection, investigation, enforcement, surveillance and monitoring, including any delegated functions
- Receiving and investigating consumer complaints
- Responding to service requests from businesses and individuals
- Monitoring, researching, analysing and reporting intelligence requirements
- Ensuring compliance with legislation through a range of enforcement activities including visits, inspections, sampling and testing
- Conducting proactive and reactive investigations and enquiries into criminal offences and civil law breaches
- Managing registration of businesses operating from within the Borough
- To send you communications which you have requested, or that may be of interest to you
- To confirm your identity in order to provide certain services
- To carry out comprehensive safeguarding procedures (including due diligence and complaints handling) in accordance with best safeguarding practice with the aim of ensuring that all children and adults-at-risk are provided with safe environments
- To prevent and detect crime, including scams and fraud targeting vulnerable adults
- To assess the quality of our services and evaluate our policies and procedures
What personal information do we process?
The personal information that we process about you is determined on a case-by-case basis of what we need to do our role and can consist of, but is not necessarily restricted to, the following:
- Name and Contact Details (this will include names, date of birth, addresses (including email), telephone number, social media platform details)
- Age
- Date of Birth
- Images
- Address
- Other ID numbers
- Employment and education information
- Family details
- Housing needs
- Business Activities
- Business financial details
- Personal financial details
- Licences and permits held
- Parent/carer details
- Personal appearance and behaviour
- Lifestyle and social circumstances
- Criminal convictions and offences, this includes details of any past criminal convictions and offences
Who do we collect data on and from?
We collect personal information on:
- Consumers
- Traders
- Complainants
- Businesses
- Victims
- Witnesses
We receive personal information from:
- Police
- Other enforcers, ombudsman or regulators, such as the Health and Safety Executive, National Crime Agency
- Government departments, such as HMRC, the Department for Work and Pensions, Department for Environment, Food and Rural Affairs, Department for Business, Energy and Industrial Strategy and Food Standards Agency
- Other local authorities
- Trade associations
- Judicial agencies, such as the Court Service, the Crown Prosecution Service (CPS), as well as bailiffs and court officials
- Citizen's Advice
- Intelligence databases as other authorities (Memex and IDB) and the National Anti-Fraud Network
What Allows You To Use My Information?
Personal information is processed using the following lawful bases under the UK General Data Protection Regulation (UK GDPR):
- Article 6(1)(e) of the UK GDPR, which states that 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
- Article 6(1)(c) of the UK GDPR, which states that processing is necessary for compliance with a legal obligation to which the controller is subject may also be relevant
- Article 6(1)(d) of the UK GDPR, which states that processing is necessary to protect the vital interests of the data subject or another individual
Special category personal data is processed using the following lawful basis that is available to us under the UK GDPR:
- Article 9(2)(c) of the UK GDPR, which states that processing is necessary to protect the vital interests of the data subject or another individual
- Article 9(2)(g) of the UK GDPR, which states that processing is necessary for reasons of substantial public interest
- Article 9(2)(i) of the UK GDPR, which states that processing is necessary for reasons for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standard of healthcare and of medicinal products or medical devices
We will process your information to carry out our statutory duties/obligations and to ensure compliance with the law and legislation, for public safety interests and the prevention and detection of crime.
The relevant statutory legislation that relates to Trading Standards includes the following:
- Consumer Rights Act 2015
- The Consumer Protection from Unfair Trading Regulations 2008
- Trade Marks Act 1994
- Enterprise Act 2002
- General Product Safety Regulations 2015
- Food Information Regulations 2014
- Public Safety Act 1961
- Proceeds of Crime Act 2002
- Animal Health Act 1981
- Animal Welfare Act 2006
- Care Act 2014
- Weights and Measures Act 1985
Where we're processing data for purposes of criminal law enforcement, our lawful bases are found under parts 2 and 3 of the Data Protection Act 2018. We're considered a 'competent authority' for law enforcement purposes, as we have legal powers to prosecute for trading standards offences.
All work we carry out as part of our law enforcement duties falls within the criteria of section 31 of Data Protection Act 2018, which includes:
"The prevention, investigation detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security."
In addition, the Local Government Act 2000, section 2 states that Knowsley Council, as a local authority, has the power to do anything which they consider is likely to achieve any one or more of the following objects:
- (a) the promotion or improvement of the economic well-being of their area
- (b) the promotion or improvement of the social well-being of their area
Who Will My Information Be Shared With?
At times we will share your information and associated intelligence from your complaint/enquiry during our investigation/performance of statutory duties with other enforcement agencies and local authorities and internal services areas at Knowsley Council, for example:
- National Crime Agency
- Illegal Money Lending Team
- Insolvency Service
- Knowsley Licensing Authority
- Action Fraud
- Knowsley Environmental Health
- Council Tax
- Legal Department
- Trade Associations
- Citizens Advice Consumer Service
- National Trading Standards and Regional Investigations Teams
- Local Authority Trading Standards Departments
- Central Government Departments e.g. Office for Product Safety and Standards
- Police Forces and Fire and Rescue services
- Other enforcers, ombudsmen or regulators, such as the Health and Safety Executive, National Crime Agency
- Government departments, such as HMRC, the Department for Work and Pensions, Department for Environment, Food and Rural Affairs, Department for Business, Energy and Industrial Strategy and Food Standards Agency
- Judicial agencies, such as the Court Service, the Crown Prosecution Service (CPS), as well as bailiffs, court officials and expert witnesses
- Community Safety Partners
- Intelligence databases as other authorities and the National Anti-Fraud Network
If we do need to share information, we only pass on as much as is needed to achieve the intended objective(s). We use formal information sharing agreements where we can.
Do I Have To Provide This Information And What Will Happen If I Don’t?
If you do not provide the information requested, we cannot deal with your enquiry or complaint, and we may not be able to fully investigate your concerns.
How Long Will You Keep This Data For And Why?
Any records kept on the internal Trading Standards database will be kept for six years from the date of submission, or six years from the date of resolution of the complaint, and / or the file is closed. We may extend this period if required by law or our legitimate interests.
How Will My Information Be Stored?
Information is stored electronically and physically within controlled Council owned buildings and furthermore within locked secure units or electronic systems/files with secure access for authorised officers only.
Will This Information Be Used To Take Automated Decisions About Me?
We do not currently use any automated decision-making mechanisms.
Will My Data Be Transferred Abroad and Why?
No. your information will not be transferred abroad.
What Rights Do I Have When It Comes To My Data?
Under the UK GDPR, you have the following rights with regards to your personal data: -
- The right to access, which gives you the right to see a copy of the personal data that the Council holds about you and find out what it is used for
- The right to rectification, which gives you the right to ask the Council to correct or remove any inaccurate data that we hold about you
- The right to erasure (right to be forgotten), which gives you the right to ask the Council to remove data that we hold about you
- The right to restriction, which gives you the right to ask for your information to be restricted (locked down) on Council systems
- The right to data portability, which gives you the right to ask for your data to be transferred back to you or to a new provider at your request
- The right to object, which gives you the right to ask the Council to stop using your personal data or to stop sending you marketing information or complain about how your data is used
- The right to prevent automated decision making, which gives you the right to ask the Council to stop using your data to make automated decisions about you or to stop profiling your behaviour (where applicable)
To find out more about your rights under the UK GDPR, please visit the Information Commissioner’s website.
To request a copy of your data or ask questions about how it is used, please contact: -
Data Protection Officer
Knowsley Council
Westmorland Road
Huyton
L36 6GA
Or email: Inforights@knowsley.gov.uk
Who Can I Complain To If I Am Unhappy About How My Data Is Used?
You can complain directly to the Council’s Data Protection Team by writing to: -
Data Protection Officer
Knowsley Council
Westmoreland Road
Huyton
L36 6GA
Or via the Have Your Say website.
You also have the right to complain to the Information Commissioner’s Office using the following details: -
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.org.uk