Read our privacy notice for information on how we collect, store and process your data.
Brighton & Hove City Council is committed to protecting your personal information. As a data controller we have a responsibility to make sure you know why and how your personal information is being collected in accordance with relevant data protection law.
The primary laws which govern how Brighton & Hove City Council collects and use personal information (known as “Data”) about you are:
However, Trading Standards is also subject to other specific laws which define when and for what purposes it can use your personal data.
So Trading Standards can function in Brighton & Hove we must collect and process personal and special category data. Information collected may be used for the prevention, investigation, detection or prosecution of criminal offences or for the execution of criminal penalties.
We may use data to monitor and promote compliance with legislation and the enforcement of civil law matters, which includes for the prevention and detection of crime, including fraud.
As a Trading Standards authority we collect and process data to perform our function in areas such as:
As a Trading Standard authority, we have powers to investigate matters under the following:
We also have duties under the following acts:
The council runs various schemes and support services, such as the Approved Traders List, to promote a fair trading environment in Brighton & Hove, and Support with Confidence Scheme for personal assistants. There may be occasions, due to safeguarding obligations, where we need to report on incidents or concerns we have. We process this data for the performance of a task carried out in the public interest.
We offer support to individuals who have been the victim of scams, working with the National Trading Standards scam team. This is also processed for the performance of a task carried out in the public interest
We are required to register and licence particular activities. For example, storing explosives. When we process data in relation to the managing and issuing of licences, we do so under the following legislation:
The council provides a mediation service between parties to try and resolve matters. We will process data for mediation work only with the consent of the data subject, which we will obtain at the earliest convenience.
Information may also be collected to respond to queries and complaints from businesses and members of the public. Information collected from these may also be used in our investigations and possibly any enforcement action that occurs.
Sometimes it’s also essential we collect special category data, and in these instances the lawful basis would fall under substantial public interest, specifically the Data Protection Act (2018), Schedule 1, Part 2, Paragraph 6 ‘Statutory etc. and government purposes’; and Paragraph 11 'preventing the public against dishonesty etc.'; and Paragraph 12 'Regulatory requirements relating to unlawful acts and dishonesty etc.’; and Paragraph 18 'Safeguarding of children and individuals at risk.'
Your data may be shared internally with:
We may also share your data externally with:
Data that is shared is always done:
Information is only shared with those agencies and bodies who need to know or where you have consented to the sharing of your personal data.
We may use the information we hold about you to assist in the detection and prevention of crime or fraud. We may also share this information with other bodies that inspect and manage public funds.
We will not keep your data for longer than is necessary, subject to any legal obligations we have to retain the data. How long we keep it will vary according to the services you are involved with and the lawful basis for processing within those services.
The principles we use to determine how long your data will be kept include:
Data relating to complaints, queries, investigations, enforcement action and mediation, will be kept for 6 years from when last dealt with. If there’s no further action from a complaint or query we will hold it for one year from the date of contact.
Information relating to a business will be kept for 6 years from when the business is no longer open.
Data collected in the running of the Support with Confidence and Buy with Confidence Schemes are kept for the length of time they are part of the membership plus 3 years.
When dealing with explosive licences, data is kept for 6 years from date of application. If a licence is refused or revoked then kept for 3 years from the date of that decision.
The data held about the council’s work on under-aged sales training is kept for 3 years from when the training was completed. Also, data collected when completing visits in relation to under aged sales is kept for 6 years from date of visit.
Information relating to petroleum licences need to be kept indefinitely.
Your information will be stored in electronic databases, document management systems and on paper records.
We will only make your information available to those who need to know to perform their council role.
Examples of the security measures we used are:
Your information is not processed outside the European Economic Area.
In relation to your personal information you have the right:
Automated decision making and profiling - we will tell you if we make an automated decision, including profiling, with your personal information. If we do, you have the right to ask us to make this decision manually instead.
If you have a concern about how we collect or use your personal data you can contact the Council’s Data Protection Officer.
We aim to resolve all complaints about how we handle personal information. You also have the right to make a complaint about data protection to the Information Commissioner's Office.
Contact them by post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or phone 0303 1231 113.
You can also make a complaint or find out more information on the Commissioner's Office website.
If your complaint is not about data protection, find details on how to make a complaint about a council service.
This privacy notice will be subject to review when there is a change.