Privacy notice – Trading Standards

Overview

This Privacy notice covers Trading Standards who have a duty to uphold consumer protection laws, prevent crime, bring offenders to justice and protect the public. We also advise businesses on how they should comply with the law and register and license certain trading activities.

When we receive your details via the Citizens Advice Consumer Service or another organisation, or when you give Trading Standards your details for any reason, your data will be processed by East Sussex County Council as the data controller.

East Sussex County Council takes data protection seriously. Please be assured that your information will be used appropriately in line with data protection legislation, will be stored securely and will not be processed unless the requirements for fair and lawful processing can be met.

What information is being used?

Trading Standards collects personal data from a range of sources in the course of exercising our duties and functions. The personal data we collect and use will include personal data and special category personal data.

Types of personal data we process may include information such as:

  • name, address, telephone number, email address and date of birth
  • sound and visual images, including footage recorded using body worn video
  • financial details
  • complaint and incident details

Special category personal data may include:

  • racial or ethnic origin
  • physical or mental health

How will your information be used?

You information will be used for the following purposes:

  • to monitor and promote compliance with Trading Standards legislation in line with our Enforcement Policy
  • for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties
  • for the enforcement of civil law matters
  • to fulfil the Council’s reporting and safeguarding obligations under legislation such as the Care Act 2014 and the Modern Slavery Act 2015
  • to register and license activities where required by law (eg explosives, petroleum, animal feed hygiene)
  • to provide services to the trade and public such as approved trader schemes which promote a fair trading environment
  • for health and safety purposes.

We aim to maintain high standards, adopt best practice for our record keeping and regularly check and report on how we are doing. Your information is never sold for direct marketing purposes.

Our staff are trained to handle your information correctly and protect your confidentiality and privacy.

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

How long will your information be kept for?

Any records kept on the internal Trading Standards database will be retained for 6 years from the start of the next financial year, in accordance with the East Sussex County Council retention schedule or six years from the start of the next financial year following the date of the resolution of your complaint, and then destroyed. Our financial year runs from 1 April to 31 March.

Sharing your information

It may be necessary for us to share your personal data with the following organisations or partners:

  • other local authority and regional trading standards or regulatory services
  • other local authority adult social care services
  • 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 (eg probation services, HM Courts Service, Witness Liaison and Victim Support services)
  • partner agencies to reduce crime and disorder, anti-social behaviour and safeguarding of children and adults.

Any sharing of personal data is always done:

  • on case-by-case basis
  • using the minimum personal data necessary
  • 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 to such persons.

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.

Use of third party organisations

East Sussex County Council may share your information with trusted external organisations to process your data on our behalf.

Sometimes complaint information received will be entered onto a Trading Standards Intelligence Data Base as intelligence. Your personal data will be anonymised but the details of the intelligence can be viewed by other Trading Standards Authorities and Law Enforcement Agencies.

Any organisation commissioned by the Council will be under contractual obligation to comply with data protection legislation.

Your rights

Under data protection legislation, you have the right:

  • to be informed why, where and how we use your information
  • to ask for access to your information
  • to ask for your information to be corrected if it is inaccurate or incomplete
  • to ask for your information to be deleted or removed where there is no need for us to continue processing it
  • to ask us to restrict the use of your information
  • to ask us to copy or transfer your information from one IT system to another in a safe and secure way, without impacting the quality of the information
  • to object to how your information is used
  • to challenge any decisions made without human intervention (automated decision making)

Please visit data subject rights for further details.

How to find out more or complain

Should you have any further queries on the uses of your information, please speak directly to our service:

Email: Trading.Standards@eastsussex.gov.uk

Phone: 0345 60 80 197

To complain about the use of your information, please contact our Customer Services Team or our Data Protection Officer.

Further information on making a complaint.

You can also contact the ICO for further information or to make a complaint:

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

Phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.

Email ICO

Report a concern on the ICO website