Noise and nuisance privacy notice
Information about our privacy notice and how Hammersmith & Fulham Council's noise and nuisance team processes your data in accordance with legal requirements.
Hammersmith & Fulham Council (“a data controller”) is committed to protecting the privacy and security of your personal information.
The noise and nuisance team are responsible for dealing with statutory nuisances such as noise, odour and excessive light from residential and commercial premises or commercial operations. The main legislation, regulations, Codes of Practice and guidance we act under are:
- Environmental Protection Act 1990
- Control of Pollution Act 1974
- Noise and Statutory Nuisances Act 1993
- Noise Act 1996
- Clean Neighbourhoods and Environment Act 2005
- Health and Safety at Work etc Act 1974
- Control of Noise at Work Regulations 2006
- Environmental Noise (England) Regulations
- BS 4142 Rating & Assessing Industrial and Commercial noise
- BS 5228 Code of Practice for Noise & Vibration Control on Construction Sites
In carrying out our enforcement duties we collect, store and process personal and sensitive information about individuals and businesses.
Our core obligations under the general data protection regulations (GDPR) and commitments are set out in the council’s privacy notice.
The noise and nuisance service aims to ensure that personal information/data are:
- processed lawfully, fairly and in a transparent manner.
- collected for specific and legitimate purposes. It will not be used for anything other than these stated purposes.
- relevant and limited to whatever the requirements are for which they are processed.
- accurate, and where necessary, kept up to date.
- shared only with other enforcement agencies/third parties who are directly involved or engaged with our enforcement work for which the data has been initially requested, obtained, and used as above. E.g. Police and vehicle access locksmith/engineer
- stored for as long as is required
- Disposed of appropriately ensuring customer confidentiality is maintained
The main purposes for which we may process your personal information are:
- Complaint investigations
- Taking enforcement action
- The processing of payments in relation to works in default
- To allow us to communicate more effectively, we may use this information to contact you via phone, email or attending the registered address
- For the prevention and / or detection of fraud and / or crime
- To fulfil a legal obligation
Categories of personal data
To carry out activities and obligations as the Noise and Nuisance Team we may process personal information in relation to:
- Personal contact details, such as names (including previous names), title, addresses, telephone numbers and personal email addresses.
- Other information such as vehicle registration.
- Offences (including alleged offences), criminal proceedings / investigations, outcomes and sentences.
The legal bases we rely on for processing your personal information are:
The lawful basis for processing is Public Task i.e. in exercise of the official authority vested on the controller (Art 6 (e))
DPA 2018 – Schedule 1 Part 2
Para 6: Statutory etc. and government purposes
Para 10: Preventing or detecting unlawful acts
The following legislation underpins the requirement to process personal data to assist in the detention and prevention of crime in relation to potential statutory nuisance under the:
- Noise and statutory nuisance act 1993
- Environmental protection act 1990
- Control of pollution act 1974
- Health and safety at work act1974
- Noise act 1996
All the decisions we make about you involve human intervention.
In addition to the general reasons for information sharing described in the council’s privacy notice, we may share your information with:
- The Police
- Internal Council Departments
- Licensing Sub-Committee
- Other Local Authorities
- Other organisations, where the disclosure is necessary for the purposes of the prevention and / or detection of crime
- When the law requires us to pass on information under special circumstances, crime prevention or the detection of fraud as part of the National Fraud Initiative. For more information go to fraud or call 020 8753 1273
We also collect or receive information from external parties such as:
- Members of the Public
- Internal Council Departments
- The Police
- Other Local Authorities
- Elected Members of the Council
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any future legal, accounting, or reporting requirements.
We must continue to retain necessary information in accordance with our corporate records policy to fulfil legal, statutory and regulatory requirements.
Rights of access, correction, erasure and restriction
You have the right:
- To ask for your information and there will not be a charge for you to do so. This is known as a subject access request and we act in accordance with this policy.
- To ask for your information to be corrected if it is inaccurate or incomplete.
- To ask us to restrict the use of your information.
- To object to how your information is used.
- To challenge any decisions made without human intervention (automated decision making).
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is in our view unreasonable or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
Right to withdraw consent at anytime
Where the legal reason for processing your personal information is based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of our processing prior to the withdrawal of your consent.
If you do not provide consent, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations as detailed above. If you wish to withdraw consent you should contact the Noise and Nuisance Team via firstname.lastname@example.org who will process your request as a matter of priority.
In addition to the above you have legal rights in relation to your personal information. You have a right to be informed about how and why your personal information is being processed. This notice fulfils that obligation.
Full details are contained in the council’s privacy notice and should be read before consenting to this document.
To ask for access to your information you should submit a subject access request.
Data protection officer
If you wish to raise a concern or discuss any aspect of this notice, please contact our data protection officer email@example.com .
If you are unhappy with the way that we handle your concern you may complain to the; The Information Commissioners Office (ICO)
Tel: 0303 123 1113
The Information Commissioners Office deals with concerns and complaints relating to data protection (GDPR) and freedom of information legislation.