Environmental Protection Team - privacy notice

The Environmental Protection Team of Derby City is committed to protecting and respecting your privacy when you use our services. This privacy policy states out how and when we use any personal information in order to be able to assist you with your request or to enable us to investigate fully. Some of this information will be recorded and stored on our systems.

How do we collect information from you?

We collect information from you when you visit www.derby.gov.uk, when you fill in any forms using our customer portals or on our website, including myAccount; also when you contact us in writing, speak to us on the phone, by email or any other type of electronic communication, or talk to us face to face. We may collect information from a setting you attend, such as a school or care home, where this data collection is necessary for the following purposes listed.

What types of information do we collect from you?

We collect different categories of information about you, depending on the service you want from us and/or the reason why we need to process information relating to you. This could be personal information (for example your name and address), or other more sensitive data that we would only collect and use in very particular circumstances that are set out in law.

Should you wish to exercise your statutory rights, outlined below, then we may request information from you to verify your identification such as a copy of your passport or driving licence. 

Details of information obtained from third parties?

We receive information and referrals that include personal data form a wide range of partners such as Derby Homes, Housing Associations, Environment Agency, Public Health England, and the Police etc. We also receive similar information from members of the public.

How is your information used?

In accordance with our legal obligations under:

• Animal Welfare Act 2006
• Anti Social Behaviour Act 2003
• Anti – Social Behaviour Crime and policing Act 2014
• Building Act 1984
• Clean Air Act 1993
• Clean neighbourhoods and Environment Act 2005
• Control of Dogs Order 1992
• Control of Pollution Act 1974
• Control of Pollution ( amendment) Act 1989
• Dangerous Dogs Act 1991
• Dogs ( fouling of land) Act 1996
• Environment Act 1995 – Parts II, IV & V
• Environmental Protection Act 1990 – Parts I, II, III and IV
• Highways Act 1980
• Local Government (Miscellaneous Provisions )Act 1976
• Local Government (Miscellaneous Provisions) Act 1982 Parts I,VIII and XI
• Noise Act 1996
• Noise and statutory Nuisance Act 1993
• Police and Criminal Evidence Act 1984
• Pollution Prevention and Control Act 1999
• Prevention of damage by Pests Act 1949
• Public health Act 1936 and 1961
• Public Health ( Control of Disease) Act 1984
• Refuse Disposal (amenity) Act 1978
• Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) regulations 1989 ( as amended)
• Road Traffic Regulation 1984
• Town and Country Planning Act 1990

and fulfilment of our public tasks. We use the information collected to enable us to contact you and investigate complaints and requests for service. Plus, to keep you informed on new guidance or legal requirements. In the case of investigations the information may be used to undertake an appropriate investigation and to fulfil our statutory duties.

COVID-19/Coronavirus

Coronavirus has been added as a notifiable disease under the Health Protection (Notification) Regulations 2010. Under the Public Health (Control of Disease) Act 1984 and associated Regulations; the Council has a legal duty to store, process and share personal information. The information will be stored, processed and shared as part of investigations into COVID-19 cases and outbreaks and issues of non-compliance with the acts and associated regulations. The information will also be used; interrogated and mapped to inform the Councils actions and decision-making processes. Any such storage, processing or sharing of information will be done in the public interest in order to promote health and wellbeing.

During the investigation of cases and/or outbreaks of Coronavirus, information which is gathered may be shared between departments within Derby City Council; with other Councils associated with an outbreak; other health services or with other government bodies associated with the control of the Coronavirus. The Council has a duty to notify national Government bodies, such as the UK Health Security Agency and the relevant local authority where an individual resides (if different), where there are suspected Coronavirus cases. The Council will disclose the information under Article 9(2)(j) of the UK GDPR (processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health), and confidential information may be lawfully disclosed in the public interest, without consent, where the benefits to an individual or to society outweigh both the individual’s and the public interest in maintaining the confidentiality of such data.

The Council may contact staff, service users, residents, patients, businesses and premises with messages relating to Coronavirus by text, phone, letter or email. This contact is not direct marketing; therefore we do not need your Consent before contacting you. There is more information available on the Information Commissioners Office's website.

We may use contact details held in Council systems to ensure that we are able to contact you, and to ensure that we are working from accurate and up to date information. Such information will be accessed and processed where it is necessary to comply with our legal obligations and public tasks arising from the Coronavirus Act 2020, the Health Protection (Notification) Regulations 2010 and the Public Health (Control of Disease) Act 1984, the Care Act 2014 and associated Regulations.

Who has access to your information?

We do not share your information with anyone else unless we are required to do so by law or it is necessary to provide our services to you. We may share your information with the following:

• Internal:
  • Building Control – we may pass on information to enable them to meet their statutory obligations. Food and Safety – if your enquiry concerns issues that our colleagues may be able to assist you with, for example food hygiene, infectious diseases or health and safety.
  • Licensing – we share information with licensing if we consider a license may be required, or we are investigating issues concerning licensed premises or events.
  • Trading Standards – we will pass on information to enable them to meet their statutory obligations. Land Charges – we share information with land charges if we serve a legal notice on a business. Planning – we may need to pass on information, for example in relation to a new business, where there may be planning implications.
  • Land Charges – we may pass on information to land charges if we serve a legal notice on a premises or business.
  • Social Services – where there are safeguarding concerns regarding children or other vulnerable people.
  • Private Sector Housing – we may share information with housing if we are investigating issues concerning housing premises.
  • Legal Service – we share information if we considering or taking legal action, to enable them to advise us.
  • Waste Management/Street Cleansing – we may share information if your enquiry, concerns issues that our colleagues may be able to assist you with.
• External:
  • Derbyshire Fire and Rescue – we may share information if possible fire safety issues arise during the course of a visit/investigation.
  • Environment Agency – we may share information during an investigation with the EA as lead regulator for permitted premises.
  • Public Health England – we share your information to meet their statutory obligations, especially those relating to the public health issues.
  • Funeral Director – we may share information with the Council’s appointed funeral director to arrange a public health burial.
  • Health and Safety Executive – we may share information, in connection with a complaint concerning a business operation regulated by the HSE.
  • HM Revenues and Customs - we share your information to meet their statutory obligations. Police – we may share information in connection with an investigation.
  • Derby Homes – we may share your information during the course of an investigation or complaint. Housing Associations –we may share your information if we are investigation issues concerning a housing premises or area of land.
  • Kennels for stray dogs - we may share information with the Council’s appointed kennels in connection with the seizure and kennelling of stray dogs.

We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.

What are your rights?

• Access – you can request copies of any of your personal information that is held by the Council.
• Rectification – you can ask us to correct any incorrect information.
• Deletion – you can ask us to delete your personal information. The Council can refuse to delete information if we have a lawful reason to keep this.
• Portability – you can ask us to transfer your personal data to different services or to you.
• Right to object or restrict processing – you have the right to object to how your data is being used and how it is going to be used in the future.
• Right to prevent automatic decisions – you have the right to challenge a decision that affects you that has been made automatically without human intervention, for example an online form with an instant decision.

How long will we keep your information for?

The information we collect is carefully stored electronically. We will hold information regarding a closed complaint investigation for six years and in the case where enforcement action is taken for six years after the occupier has left the premises of concern.

Information collected as part of a public health funeral will be held for 6 years. Information collected as part of a contaminated land investigation is held permanently. Planning Applications are available on DCC Planning pages.

We keep and dispose of all records in line with our record retention schedule. We will comply with Data Protection legislation.

What security precautions are in place to protect the loss, misuse or alteration of your information?

We are strongly committed to data security and will take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard the information you provide to us. However, we cannot guarantee the security of any information you transmit to us. We recommend that you take every precaution to protect your personal information.

Cookies

Cookies are small text files which identify your computer to our servers. They are used to improve the user experience. View what cookies we use and how you can manage them.

IP addresses

Internet Protocol (IP) addresses are collected when our site is used:

• for statistical or analytical purposes
• to identify any malicious activity.

Complaints

If you would like to make a complaint regarding the use of your personal data you can contact our Data Protection Officer:

• By post: Information Governance, Council House, Corporation Street, Derby, DE1 2FS
• By phone: 01332 640763
• By email: data.protection@derby.gov.uk

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commissioner's Office (ICO):

• By post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
• By phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number

Alternatively, visit ico.org.uk or email casework@ico.org.uk.