Fixed Penalty Notices for Environmental Offences service privacy notice

In order to process Fixed Penalty Notices, Brighton & Hove City Council collects, stores and processes your personal information.

This privacy notice explains what information we collect from you, and what we do with it.

The data controller for your data

Brighton & Hove City Council is the data controller for purposes of the Data Protection Act (2018) and The General Data Protection Regulation (EU) 2016/679 ("GDPR") and is registered as a data controller with the Information Commissioner’s Office (ICO) under registration number Z5840053.

Brighton & Hove City Council are 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.

Why we’re collecting your data

We are collecting your data for the purpose of processing a Fixed Penalty Notice (FPN), a Community Protection Warning (CPW) or a Community Protection Notice (CPN).

What is the legal basis for collecting your data

The council has a lawful basis for processing data for the purpose of a FPN, CPW or CPN under:

General Data Protection Regulation 2016, Article 9(2)(g) [Substantial Public Interest]
Data Protection Act 2018, Schedule 1, Part 2, Paragraph 10 [Preventing and detecting unlawful acts] and Paragraph 12 [Regulatory requirements with regard to dishonest or unlawful acts]

The council has statutory powers pertaining to enforcement under the:

Environmental Protection Act 1990 sections: 33ZA, 33ZB, 34A, 47ZA, 88, schedule 3A paragraph 7
Anti-Social Behaviour Act 2003, section 43
Anti-Social Behaviour, Crime and Policing Act 2014, section 68

The data we may collect

We may collect:

contact details including name, address, email address and phone number
date of birth
visual images, personal appearance and behaviour
licences or permits held
business activities

Who we’ll share your data with

Your data may be shared with:

officers in City Environment Management for the purposes of processing your FPN, CPW or CPN
any persons with a need to access your data relating to responding to a complaint or enquiry
the council’s legal team where necessary for the purposes of providing legal guidance and for prosecution
Sussex Police, where necessary to investigate and/or prosecute an offence

Where a FPN or CPN proceeds to court action, data will also be shared with the courts, the defendant and their legal representatives.

How long we’ll keep data for and why

If your FPN is paid within the deadline, photos or footage will be deleted within 90 days. We will hold your details and the financial record that your FPN has been paid for 2 years.

If your CPW is discharged within the deadline, photos or footage will be deleted within 90 days.

If your FPN is not paid and proceeds to prosecution your data will be retained until all court proceedings have been discharged and any appeal processes exhausted.

If you do not adhere to the CPN and proceeds to prosecution, your data will be retained until all court proceedings have been discharged and any appeal processes exhausted.

How your data will be stored

Your information will be stored electronically and on paper records.

We will only make your information available to those who have a need to know. Example of the security measures we used are:

training for our staff allows us to make them aware of how to handle information and how and when to report when something goes wrong
encryption, meaning that information is hidden so that it cannot be read without special knowledge, like a password - this is done with a secret code - the hidden information is said to then be ‘encrypted’
pseudonymisation meaning that we’ll use a different name so we can hide parts of your personal information from view - this means that someone outside of the council could work on your information for us without ever knowing it was yours
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 will not be transferred outside of the European Economic Area.

Your rights

Depending on the legal basis for processing your information you may have the right to:

a copy of data held about you, an explanation for its processing and who it has been shared with
rectification (correction) of data which can be shown to be incorrect
restrict processing if you can show that it is not fair or lawful for the data to be used for a particular purpose
object to processing if you dispute that there is a lawful basis to process your data, following which the Council would need to demonstrate its lawful basis

How to get advice or make a complaint

Data Protection Officer

If you have a concern about how we collect or use your personal data you can contact the Council’s Data Protection Officer.

How to make a complaint

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.