Food and Safety Team - privacy notice

The Food and Safety 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 Public Health England, Care Quality Commission and the Health and Safety Executive. We also receive similar information from members of the public.

How is your information used?

In accordance with our public tasks we use the information collected to enable us to contact you in relation to food hygiene and health and safety inspections, during the investigation of complaints about your businesses and to keep you informed on new guidance or legal requirements. In the case of an investigations or complaints, the information may be used to identify the source of illness, identify the cause of an accident or investigation breaches of businesses obligations in law.

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.

Research and statistics

Anonymised and pseudonymised data may be used for research and statistical purposes. Any data collected may be used for research and statistical purposes that are relevant and compatible with the purpose that the data was collected for.

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. Environmental Protection – if your enquiry concerns issues that our colleagues may be able to assist you with, for example relating to flue extraction, noise or waste control.
  • Licensing – we share information with licensing if we consider a license may be required, e.g. sale
  • of alcohol.
  • 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.
• External:
  • Derbyshire Fire and Rescue – we may share information if possible fire safety issues arise during the course of a visit.
  • Public Health England – we share your information to meet their statutory obligations, especially relating to the investigation of food poisoning outbreaks.
  • Health and Safety Executive – we may share information, in connection with an accident / incident investigation.
  • Food Standards Agency – we may share information, in connection with an complaint / incident investigation.
  • HM Revenues and Customs - we share your information to meet their statutory obligations. Police – we may share information, in connection with an accident / incident investigation. Quality Care Commission – we may share information in connection with an accident / incident investigation, where they are the enforcing authority.

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 a completed registration form or application for approval for the duration that the business is in operation to enable it to be used as evidence as required. Once the business is closed it is retained for seven years.

Information collected as part of an investigation is kept for seven years following the completion of an investigation, except in the case of an accident to a minor when data is retained for 7 years from attaining the age of 18. If the investigation relates to exposure to noise, vibration, lead, asbestos and chemical, the information is retained for 40 years from attaining age 18.

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.

Keeping your data up to date

We want to ensure any information we hold is accurate. You can help us by promptly informing us of any changes to the information we hold about you.

Under 13

If you are accessing online services and are under the age of 13‚ please ask for your parent or guardian's permission beforehand whenever you provide us with 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.