Trading standards privacy notice

Information about our privacy notice and how Hammersmith & Fulham Council's trading standards team processes your data in accordance with legal requirements.

Our core obligations under the general data protection regulations (GDPR) and our commitments are set out in the council’s privacy notice. 

Please read these notices before consenting to our processing of your information. 

Who is collecting and using your personal data

Hammersmith & Fulham Council is the ‘data controller’ for personal data, which we process in line with our data protection policies and your rights under the following:

• EU General Data Protection Regulation 2016/679,
• EU Law Enforcement Directive 2016/680,
• associated data protection laws applicable in the UK.

For more about our data protection policies, please email information.management@lbhf.gov.uk

Why we are collecting your personal data

We collect personal data to:

• monitor and promote compliance with trading standards legislation,
• prevent, detect, investigate or prosecute crime; or execute criminal penalties,
• fulfil legal obligations and public functions,
• provide services, such as verifying weighing equipment or advice,
• check our effectiveness and consult on our priorities,
• fulfil legal obligations, such as the Care Act 2014 and the Modern Slavery Act 2015,
• administer staff and occupational health & welfare requirements.

What type of personal data we process

To do our work we may process personal information relating to:

• contact details, such as names (including previous names), title, addresses, telephone numbers and personal email addresses,
• personal demographics including date of birth, gender,
• other information, such as national insurance number, nationality, payment information,
• other information shared as part of a request for service or an alleged complaint.

Special categories:

The data may include special information, such as:

• racial or ethnic origin,
• genetic and bio-metric data,
• physical or mental health,
• criminal convictions and offences.

Who we share your personal data with

We may need to share your personal data with the following:

• other trading standards or regulatory services, including regional investigations teams and the England Illegal Money Lending Team,
• other local authority adult social care services, for which we will ask your consent,
• police services,
• central government departments or agencies with a regulatory or reporting function in an area of mutual interest,
• the criminal justice system and agencies involved in it, for example, probation services, HM Courts Service, witness liaison and victim support services,
• other partner agencies to reduce crime and disorder, anti-social behaviour and to safeguard children and adults,
• internal council departments and committees.

This will only take place where legal gateways permit, where it is necessary for a legitimate purpose and where proportionate. We will assess the impact of any disclosure and make decisions on a case by case basis unless formal information sharing protocols which permit otherwise are in place.

If we intend to use your information beyond legal obligations or public functions, we will seek your consent and full guidance will be provided.

We also collect or receive information from external parties such as:

• members of the public,
• internal council departments,
• the police,
• other local authorities,
• Home Office,
• elected members of the council,
• Disclosure and Barring Service (DBS).

How long we hold your personal data

We will retain the information for as long as necessary for:

• the purposes for which we collected it,
• satisfying future legal, accounting, or reporting requirements,
• an obligation that arises subsequently.

Your rights

Under the EU General Data Protection Regulation and the EU Law Enforcement Directive you have the right to:

• confirmation of whether personal data concerning you is being processed,
• the recipients, or categories of recipient, to whom the personal data has been disclosed,
• access to your own personal data without charge, unless the request is manifestly unreasonable or excessive, though we may also refuse to comply with such a request,
• request rectification of your personal data or deletion of it where there is no need for us to retain it,
• object to the processing of your personal data or how it is used or ask us to restrict the use of your information,
• request a copy of the information you provide us in machine-readable format,
• ask us to copy or transfer your information from one IT system to another in a safe and secure way without impacting on the quality of the information,
• withdraw your consent to processing where that is solely reliant upon your consent. To do so, please contact Trading.Standards@lbhf.gov.uk.  Please note that this may prevent us delivering services to you.

But your rights may be restricted where it is necessary and proportionate to:

• protect the rights and freedoms of others,
• comply with legal restrictions on disclosure,
• avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties,
• where disclosure would otherwise prejudice the public interest.

To exercise any of your rights, find out more or complain about handling of your information, please email information.management@lbhf.gov.uk

If you remain dissatisfied with how your personal data has been handled, you may refer the matter to the Information Commissioner’s Office whose contact details are below:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

casework@ico.org.uk

0303 123 1113

Automated decisions

We do not currently use any automated decision-making mechanisms.

What permits us to do this?

We are permitted to do this where we are performing a public task or a statutory task, or where you consent.

The core statutory duties are listed in the Enterprise Act 2002 (S.211 and 212), and the Consumer Rights Act (Schedule 5), though others exist.