Animal warden service area privacy notice

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:

General Data Protection Regulation (GDPR)
Data Protection Act (DPA) (2018)

However, the Animal Warden Team is also subject to other specific laws which define when and for what purposes it can use your personal data.

Why we are collecting your data and our lawful basis for doing so

 We collect data for the purpose of issuing and managing animal activity licences as we have a duty to do so under one of the following acts:

  • The Animal Welfare (Licensing of Activities Involving Animals) Regulations 2018
  • Dangerous and Wild Animal Act 1972
  • Zoo Licensing Act 1981

Information gathered in the application process may be used to determine whether a licence can be issued or refused. Contact details may also be used to communicate in regards to your application or the licence you hold. Successful applicants may have their details published on the council’s website. If your business details contain your own personal data then we would ask for your consent to publish them online.

Data may also be used to investigate licensed premises in the event of a complaint. If necessary, investigations may lead to enforcement action.

Information may also be used to respond to reports of stray or lost dogs and dog attacks. We have a duty to respond to reports of stray dogs under the Environmental Protection Act 1990. All other reports relating to lost dogs and dog attacks are done so as we have powers under one the following pieces of legislation:

  • Dangerous Dog Act 1991
  • Dogs Act 1871

Data collected may be used to contact the appropriate parties when dealing with the matter, which could result in informal action or court action. There are some instances that will incur a fee, so financial information may be processed.

The council runs a voluntary Professional Dog Walker’s Scheme. Information may be used to evaluate applications to issue certificates of acceptance and your details may be published on the council’s website. Contact details may be used for communication purposes in relation to the scheme. The processing of data will be done so with the data subjects explicit consent, which will be sought when applying to join.

Information gathered when receiving complaints or queries may be used to respond appropriately to the matter. Depending on the nature of this contact will determine how your data is used, but it could include investigative work and enforcement action if required.

Depending on the nature of the contact we would be processing data under one of the pieces of legislation previously mentioned, unless those reports were relating to animal welfare issues, in which case we would have a duty under the Animal Welfare Act 2006.

When we process special category data it will be done so under substantial public interest, specifically working within the Data Protection Act (2018), Schedule 1, Part 2, Para 6 'Statutory etc. and government purposes'

The data we may collect

Personal Data

Contact details; including name, address, email address, telephone number, etc.

Date of birth

Information about your family

Financial details for purposes of receiving or making payments

Location Service

Housing information relating your council tenancy

Visual images

Licenses or permits held

Business activities

Special Category Data

Offences (including alleged offences)

Criminal proceedings, outcomes and sentences

Who we’ll share your data with

Your data may be shared internally with Housing, Adult Social Care, City Clean, Parks and Legal Services.

We may also share information externally with the Police, National Health Service, Veterinarian, Department of Environment, Food and Rural Affairs, the courts, East Sussex Fire and Rescue Service, sub-contractors, kennels and rescue centres.

Data that is shared is always done:

  • On a case-by-case basis
  • Using the minimum personal data necessary to provide the service
  • With the appropriate security controls in place
  • In line with legislation.

Information is only shared with those agencies and bodies who have a "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.

Holding your personal information

Information pertaining to an animal licence will be held for the length of the licence plus six years.

Information regarding complaints or queries will be held for six years from when the case is closed. 

Information regarding the Dog Walker’s Scheme will be held for the length of time you wish to be a part of the scheme, unless refused or removed entry onto the scheme, in which case we will hold your information for one year from that decision.

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.

However the Principles we will use to determine how long your data will be kept include:

  • What type of services you received and whether you are still receiving them
  • Whether we still are still under a legal obligation either to you or under UK Law
  • Any standards and guidance set out by the various regulators for our functions
  • Whether you have expressed a preference that your data be retained, such although exercising a right to restrict processing

How your data will be stored

Your information will be stored electronic databases, document management systems and on paper records.

Who can access your data

We will only make your information available to those who have a need to know in order to perform their Council role.

How do we protect your data

Examples of the security measures we use are:-

  • Training for our staff making them aware of how to handle information securely and how and when to report when something goes wrong
  • We use Encryption when data is being sent, meaning that information is scrambled so that it cannot be read without access to an unlock key. The hidden information is said to then be ‘encrypted’.
  • Where possible, data will be pseudonymised, meaning that your identity will be removed, so that work can be done without your identity being known by the people doing that work.

Controlling access to systems and networks allows us to stop people who are not allowed to view your personal information from getting access to it.

Regular testing of our technology and ways of working including keeping up to date on the latest security updates (commonly called patches).

Transferring data outside the European Economic Area

Your information is not processed outside of the European Economic Area.

Your individual rights

You have the following rights in relation to your personal information:

The right to be informed – you have right to know about the collection and use of your personal data. We will inform you through our service-specific notices

The right of access – you can request to know what we hold on you along with an explanation for how it is used by making a “Subject Access Request”

The right to rectification – you have the right to ask us to update, amend or change your information if it is factually inaccurate or incomplete

The right to erasure – you have the right to ask us to delete your personal information from the animal licence public register.

The right to restrict processing – you have the right to request that we limit using your personal data for specific purposes if you do not believe we have a lawful basis for a particular purpose or where you consider the data to be incorrect.  Upon receiving a restriction request, we are obliged to consider our use of the data and provide you with a response.

The right to object – you have the right, in certain circumstances, to object to us collecting, using and storing your information.  Upon receiving a request of this type, we are required to stop using your data whilst we investigate and provide a response.

How to get advice or make a complaint

Data Protection Contacts

If you wish to discuss any of your data protection rights, you can contact the Data Protection Team on 01273 29 5959 or by email at data.protection@brighton-hove.gov.uk

The council also has a Data Protection Officer, who can be contacted via the Council website data protection officer page

Whilst we would prefer that you contact us first with any concerns that you might have, you can also contact the Information Commissioner’s Office.  The ICO is the national regulator with responsibility for ensuring compliance with data protection.

Information Commissioner’s Office

You also have the right to lodge a complaint with a supervisory authority.

Contact details for ICO is stated below

You can contact the ICO through their website

Alternatively you can call 0303 123 1113

You can also write to them at:

Wycliffe House, Water Ln, Wilmslow SK9 5AF

Report a concern on the ICO website

 

This Privacy Notice will be subject to review when there is a change.