Westmorland and Furness Council privacy notice - Trading Standards

Trading Standards is responsible for creating and maintaining a safe and fair-trading environment for products and services, where businesses can operate, grow and consumers can engage in their economic activity with confidence. We provide advice to businesses to support compliance with complex regulations to protect their businesses and support good customer service.  We investigate complaints and undertake inspections and testing. We prevent, detect, and prosecute crime.

What information we collect

We need some personal data from you. This includes:

  • name
  • date of birth
  • contact details
  • telephone numbers
  • email address
  • address
  • postcode
  • National Insurance number
  • passport number
  • driving licence number
  • photographs and audio and visual recordings
  • employment history
  • electronically held information such as held on devices such as computers, laptops, mobile phones and remote and off-site storage 
  • business names (trading names, company name), date of incorporation
  • data contained in any emails, notes or conversations between you and us

Complaint information can include:

  • financial transaction data
  • details about complainants, businesses, consumers, suspects, victims and witnesses

We need some special category data from you. This includes:

  • details of medical conditions and health
  • racial or ethnic origin
  • political opinions
  • religious or philosophical beliefs
  • sexual orientation
  • biometrics (where used for ID purposes)

We need some criminal and law enforcement data from you. This includes:

  • offences 
  • alleged offences
  • prosecutions
  • simple cautions
  • statutory notices
  • undertakings and injunctive actions
  • fixed penalty notices
  • community charge notices 

How we collect your data 

We’ll collect data from you by:

  • complaints
  • enquiries
  • investigative procedures
  • service requests 
  • visits

Why we collect your data

We collect your data so we can:

  • to deliver public services including to understand your needs to provide the services that you request and to understand what we can do for you and inform you of other relevant services
  • to confirm your identity to provide some services 
  • to contact you by post, email, telephone or using social media (e.g., Facebook, Messenger, Twitter)
  • to help us to build up a picture of how we are performing
  • to prevent and detect fraud and corruption in the use of public funds and where necessary for the law enforcement functions
  • to enable us to meet all legal and statutory obligations and powers including any delegated functions
  • for safeguarding procedures (including due diligence and complaints handling) in accordance with best practice, ensuring that children and adults-at-risk are given safe environments and to protect individuals from harm or injury 
  • to seek your views, opinions or comments 
  • to allow the statistical analysis of data so we can plan the provision of services

Who we collect data from 

We collect data from:

  • businesses, customers and suppliers 
  • carers or representatives 
  • claimants 
  • complainants, enquirers or their representatives 
  • landlords 
  • licence and permit holders 
  • offenders and suspected offenders 
  • people captured by CCTV images 
  • professional advisers and consultants 
  • recipients of benefits 
  • representatives of other organisations 
  • staff, persons contracted to provide a service 
  • councillors 
  • students and pupils 
  • traders and others subject to inspection 
  • witnesses 
  • speaking members of public at committee meetings, including virtual committee meetings
  • other departments within the council 

We may receive personal, special category personal or criminal and law enforcement data about you from the third parties mentioned above and other public bodies and organisations.  In this case, we will tell you the source of the information unless we are unable to do so by law.

Who we share your personal data with

We may share your personal, special category personal or criminal and law enforcement data with:

  • internal departments, including licensing, council tax and housing
  • external enforcement agencies, for example HMRC, National Crime Agency, Department for Work and Pensions, Illegal Money Lending Team, Insolvency Service, Environment Agency, Action Fraud, Department for Environment, Food and Rural Affairs, Food Standards Agency
  • trade associations
  • Citizens Advice Consumer Service
  • judicial agencies, including the court service, Crown Prosecution Service (CPS), bailiffs, court officials and expert witnesses
  • National Trading Standards and regional investigations teams
  • other local authorities
  • central government departments, for example Office for Product Safety and Standards
  • police forces and fire and rescue services
  • community safety partners
  • public interest disclosures under the Freedom of Information Act and Environmental Information Regulations
  • intelligence databases held by other authorities, including Memex, IDB and the National Anti‑Fraud Network

We process personal data by selecting at least one legal basis from:

  • UKGDPR Article 6(1) (a) Consent
  • UKGDPR Article 6(1) (c) Legal Obligation
  • UKGDPR Article 6(1) (d) Vital Interests
  • UKGDPR Article 6(1) (e) Public Task/Public Interest/Official Authority

We process special category personal data under the condition of UKGDPR Article 9(2) (f) Necessary for the establishment, exercise or defence of legal claims.

We process criminal and law enforcement data under the condition of UKGDPR Schedule 8(8) Preventing Fraud.

Relevant legislation

The relevant legislation includes:

  • Consumer Rights Act 2015 
  • The Consumer Protection from Unfair Trading Regulations 2008 
  • Trade Marks Act 1994 
  • Enterprise Act 2002 
  • General Product Safety Regulations 2015 
  • Food Information Regulations 2014 
  • Public Safety Act 1961
  • Proceeds of Crime Act 2002 
  • Animal Health Act 1981 
  • Animal Welfare Act 2006 
  • Care Act 2014 
  • Weights and Measures Act 1985 
  • Consumer Rights Act 2015 
  • Unfair Trading Regulations 2008 
  • Food Information Regulations 2014 
  • General Product Safety Regulations 2005 
  • Enterprise Act 2002 
  • Trademarks Act 1994 
  • Weights and Measures Act 1985