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Public Protection Privacy Notice

City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) - reference Z5809563. We regularly review this privacy notice, and it was last updated in April 2024.

CYC is committed to ensuring that personal data is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).

This privacy notice tells you what to expect when we collect and use your information in Public Protection Services. See further information about Public Protection services.

CYC is the controller for this information unless we specifically state otherwise in this privacy notice.

You can contact the council’s Data Protection Officer on email: information.governance@york.gov.uk, or telephone: 01904 554145, or write to:

Data Protection Officer
City of York Council
West Offices
Station Rise
York
YO1 6GA

This privacy notice should be read in conjunction with other relevant CYC privacy notices and/or policies and procedures.

When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this document.

How we collect your information

We get information about you from the following sources:

  • directly from you when
    • you make a complaint about a potential breach of the law
    • you seek advice about compliance
    • you apply for a licence
    • you pay for services we provide
  • when we carry out visits to businesses or others
  • when we acquire evidence as part of an investigation
  • when we survey our customers

Please note: If you raised your complaint or sought advice via the Citizens Advice Consumer Helpline service, your personal data will have been supplied to us by them if you consented to this at the time.

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What personal data we process and why

We will process your personal data and special categories of personal data. For example:

  • your name, address, telephone number and email address when you contact us, if this has not already been provided
  • details of assistance you have requested
  • your credit/debit card details if you pay for goods or services
  • names and addresses of a business or person complained or enquired about
  • names, addresses, business details and/or activities when applying for a licence
  • details collected in our interactions with businesses as part of our inspections and visits, investigations, and enforcement actions
  • photos, video images, sound, and audio recordings

Where we process data relating to criminal convictions and offences, this includes details of any past criminal convictions or offences.

We use your information to perform our public tasks and official functions and duties such as:

  • dealing with complaints and enquiries about breaches of the law
  • providing advice about compliance with the law
  • issuing licences, taking registrations, and consenting to activities
  • carrying out checks such as inspections and other visits
  • conducting investigations and law enforcement
  • customer surveys and consultations to gain your feedback, comments and opinions
  • conducting investigations and gathering evidence for law enforcement purposes
  • publication of licence registrations where we are required to do this

We may also contact you with surveys and/or consultations where you have given us your consent to do so. You can withdraw your consent at any time by contacting us on email: public.protection@york.gov.uk.

To find out more about the council’s law enforcement processing see the City of York Council Law Enforcement Processing Privacy Notice.

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Automated decision-making

We do not carry out any automated decision-making in Public Protection services.

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Collecting information automatically

Please see our Cookies Policy for further information about the information we collect automatically when you use our website.

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Children’s information

Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.

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Lawful basis for processing your personal data

Any personal data including special category data and criminal offence data that we process about individuals is done so in accordance with Article 6, 9 and 10 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).

The legal basis for processing your personal data is in accordance with the following:

  • Article 6(1)(a) Consent - The individual has given clear consent for the council to process their personal data for a specific purpose
  • Article 6(1)(c) - Processing is necessary for compliance with a legal obligation
  • Article 6(1)(e) - Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

The legal basis for processing your special category data is in accordance with the following:

  • Article 9(2)(b) - Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
  • Article 9(2)(f) - Processing is necessary for the establishment, exercise, or defence of legal claims or where courts are acting in their judicial capacity
  • Article 9(2)(g) - Processing is necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards

This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and examples of the legislation are:

  • Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018
  • Dangerous Wild Animals Act 1976
  • Zoo Licensing Act 1981
  • Environmental Protection Act 1990
  • Food Safety Act 1990
  • Health and Safety at Work etc Act 1974
  • Licensing Act 2003
  • Gambling Act 2005
  • Local Government (Miscellaneous Provisions) Act 1976 and 1982
  • Consumer Protection Act 1987
  • Consumer Protection from Unfair Training Regulations 2005
  • Proceeds of Crime Act 2002

Where we process personal data relating to criminal convictions and offences, this is also under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences, or proceedings for an offence committed or alleged to have been committed, including sentencing.

Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice.

Our Appropriate Policy Document provides further information about this processing.

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How long we keep your personal data

We will only keep your information for as long as is necessary.

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Data sharing

We may share your information with other internal council services to provide our services and with external organisations, such as:

We are required to share details of people objecting to licences with the applicant.

In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information. We may also share information about you with third parties including our data processors, government agencies and external auditors.

We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision-making and satisfy ourselves we have a legal basis on which to share the information.

Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.

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Data processors and/or third parties

Where we have third parties providing parts or all of our services for us, for example inspections, we have contracts or agreements in place with them. These are listed below:

  • North Yorkshire Council
  • Gough and Kelly Security Ltd
  • East of England Trading Standards Association Ltd
  • Civica UK Ltd
  • Andrews Signs and Engravers Ltd
  • Work with York Ltd
  • Survey Monkey

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Transfers of personal data

We don’t routinely transfer personal data outside of the UK but when this is necessary we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.

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How we protect your information

We're committed to keeping your information safe and secure. There are several ways we do this, such as:

  • IT security safeguards such as firewalls, encryption, and anti-virus software
  • on-site security safeguards to protect physical files and electronic equipment
  • training for all staff and elected councillors
  • policies and procedures

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Your rights in relation to this processing

To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.

You can also find information about your rights in our Privacy Notice.

If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:

Data Protection Officer
City of York Council
West Offices
Station Rise
York YO1 6GA

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Also see

Data Protection Officer

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 554145

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