Regulatory Services privacy notice

All personal information is held and processed by East Ayrshire Council as Data Controllers in accordance with Data Protection law.

For information on the role of the Data Controller, Data Protection Officer and contact details for the Council, please refer to our Privacy Statement.

Trading standards

Trading Standards governs a wide range of consumer protection legislation relating to:

• the quantity, quality, safety, price and description of goods and services
• age restricted products
• the safe storage of petrol
• accuracy of commercial weighing and measuring equipment
• animal health and welfare

We collect the personal information we need to administer Trading Standards legislation within East Ayrshire.

Environmental health

Environmental Health governs a range of legislation to protect public health. The personal data we collect includes, but is not limited to, the following:

• name
• address
• telephone numbers
• email
• financial and business information
• your occupation
• complaints or enquiries you make regarding businesses or services in East Ayrshire or complaints about other residents in East Ayrshire
• criminal convictions
• place of birth, date of birth and physical description
• health conditions, including disability

In the case of communicable diseases we will also collect:

• food consumption history
• travel history

The information you provide to us is required to allow us to carry out our statutory functions.

We require this information for the following reasons:

• to investigate complaints made about businesses
• to provide you with advice and assistance relating to consumer and business protection legislation
• to take enforcement action when appropriate
• to verify your identity or contact you if required, or to maintain our records
• to operate the East Ayrshire Trusted Trader Scheme
• to seek your view, opinions or comments
• for analysis purposes to plan the provision of services
• managing licences for the storage of Petroleum Spirit
• to investigate neighbour complaints
• to provide you with advice and assistance relating to environmental health legislation

The lawful basis for processing personal data is Articles 6(1) (c) (legal obligation), and 6(1) (e) (public task) of the General Data Protection Regulation.

This is because we consider this activity to be part of our public task and something we must do under Consumer Protection and Trading Standards legislation or Environmental Health legislation.

Data Protection legislation defines Special Category Data as data relating to the processing of personal data regarding:

• racial or ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• the processing of:
  • genetic data
  • biometric data
  • data concerning health
  • data concerning a person’s sex life or sexual orientation

Special Category Data may be processed by Regulatory Services in limited circumstances.

Lawful basis for processing Special Category Data

The processing is necessary for reasons of substantial public interest. This is on the basis of Union or Member State law which shall be proportionate to:

• the aim pursued
• respect the essence of the right to data protection
• provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject, or
• consent

In some circumstances we process your information to investigate criminal offences or we may process criminal offence data about you as part of our investigations. Our basis for processing criminal offence data is Part 3 of the Data Protection Act 2018.

This is because we are a competent authority under the terms of the Act and we have statutory functions to enforce Consumer Protection and Trading Standards legislation and Environmental Health legislation.

Where it is required by law, or necessary to carry out our statutory function, we will share your information with the following:

• Crown Office and Procurator Fiscal Service
• Police Scotland and Scottish Fire and Rescue Service
• The Health and Safety Executive
• Other enforcing authorities or other Council Services
• Third party service providers
• Food Standards Scotland
• Government Departments
• HMRC
• Intellectual Property Holders or expert witnesses
• Trading Standards Scotland
• Other businesses where required
• NHS Ayrshire and Arran
• Public Health Scotland

We will also make any disclosures required by law and may also share information with other bodies responsible for:

• detecting or preventing fraud, or
• auditing and administering public funds

We will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate.

We will ensure that any external agency which received disclosed information is fully aware of and accepts it responsibility as outlined in within the General Data Protection Regulations and the Data Protection Act 2018.

We will only keep your information for the minimum period necessary.

After this time, information is deleted/destroyed in accordance with our Council approved Retention Schedule (PDF 814 KB) which explains how long we keep information for.

It is important that we hold accurate and up-to-date information.

If any details have changed, or change in the future, then individuals should ensure that they inform Regulatory Services as soon as possible so that they can update their records accordingly.

Under data protection legislation, individuals have a right to request access to information about them that the Council holds.

Individuals also have the right to:

• object to processing of personal data that is likely to cause, or is causing damage or distress
• prevent processing for the purposes of direct marketing
• object to decisions being taken by automated means
• in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
• in certain circumstances, transfer their data to another organisation (data portability)

How to contact us

Individuals can contact us:

• regarding their data protection rights and the processing of their data
• if they have a concern about the way the Council is collecting or using their personal data

They should raise their concern with our Data Protection Officer in the first instance. Contact details can be found on our Privacy Statement.