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 information from you when you visit www.derby.gov.uk; 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 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.

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 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.

What is the lawful basis?

The legal basis for data processing we are relying on comes from Article 6 of the UK General Data Protection Regulations (UK GDPR). The following sections apply:

• (c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
• (e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.

We process personal information where necessary to comply with our legal obligations, to perform tasks carried out in the public interest, or in the exercise of official authority vested in the Council, as provided for by Article 6(1)(c) and Article 6(1)(e) of the UK GDPR, together with relevant legislation including the Acts and Regulations listed:

• Data Protection Act 2018
• UK GDPR 2021
• Data (Use and Access) Act 2025 (DUAA)
• Law of Property Act 1925
• Administration of Estates Act 1925
• Local Government Acts 1972; 2003
• 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
• Dogs (fouling of land) Act 1996
• Environment Act 1995 – Parts II, IV & V
• Environmental Protection Act 1990 – Parts I, II, III and IV

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.
  • Development Control - we may need to pass on information, for example in relation to a new business, where there may be planning implications.
  • 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.
  • Land Charges – we share information with land charges if we serve a legal notice on a business.
  • Legal Services - we may share info with legal services if we are considering taking legal action, to enable them to advise us.
  • Licensing – we share information with licensing if we consider a license may be required, e.g. sale of alcohol or entertainment.
  • Trading Standards – we will pass on information to enable them to meet their statutory obligations. 
• 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 and the prevention of the spread of infectious diseases.
  • 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 a 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?

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 get 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 and 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 640000
• by email: data.protection@derby.gov.uk

For independent advice about data protection, privacy and data sharing issues, you can contact the Information Commission:

• by post: Information Commission, 4th Floor, No.3 Circle Square, 5 Hawkshaw Street, Manchester, M1 7BL
• by phone: 0303 123 1113 (local rate) or 01625 545 745 (if you prefer to use a national rate number)

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