Regulatory Investigations Privacy Notice

Find out how Stirling Council uses personal data by checking the Council’s website at the following address:

https://www.stirling.gov.uk/privacy-statement/

Our website contains a Register of Data Processing which lists all the different ways
in which the Council uses personal data.

This Privacy Notice provides more information about just one of those processes.

The Council has a Data Protection Officer to make sure it is complying with data protection laws.

They can be contacted at:

Data Protection Officer
Stirling Council
Old Viewforth
14-20 Pitt Terrace
Stirling
FK8 2ET

Email: dataprotection@stirling.gov.uk
Telephone: 01786 404040

Personal data is processed during an investigation of a potential breach of legislation enforced. The investigation could result in a report to the Procurator Fiscal.

Data subjects:

• Businesses i.e. sole traders, partnerships, limited
  companies in the local area or businesses who have contracted with consumers in the local area within the EU.
• Private individuals.

Personal data:

• Name
• Date of Birth
• Place of Birth
• Home address
• Occupation
• Position in business
• Other persons associated with the
• business
• Business name & address
• Telephone number – landline/mobile
• Email address
• Vehicle registration
• Financial information and records
• Telephone records

Data relating to criminal convictions and offences is processed.

GDPR Article (6)(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.

Personal data is submitted direct by data subject in person, by email, letter or telephone.

It can also be obtained through the investigative process i.e. from NAFN, Companies House, domain name registration search, from IDB via a Local Intelligence Liaison Officer within the Trading Standards
Team, from Registers of Scotland.

Data is stored: in paper format in notebooks, Trader Notification Books, and electronic format on the Civica APP or UNIFORM system, in emails and on council network drives.

We will not keep your information for any longer than it is needed, and will dispose of both paper and electronic records in a secure way. The length of time we need to
keep information will depend on the purpose for which it is collected. The Council has a Record Retention Schedule which sets out how long we keep records and the reason why.

Personal data may be shared with another local authority Trading Standards Service or enforcer if they are engaged in an investigation.

You have the following rights under data protection laws. If you have a request under any of these rights, you can make a subject access request.

• The right of access – You have the right to request information we hold about you. This is known as a subject access request and is free of charge. We must respond within one month, although this can be extended to three months if the information is complex.
  
  
• The right to rectification - You are entitled to have your information rectified if it is factually inaccurate or incomplete. We must respond to your request within one month. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner
  
  
• The right to erasure - You have the right to ask us to delete your information or stop using it. It will not always be possible for us to comply with your request, for example, if we have a legal obligation to keep the information. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner.
  
  
• The right to restrict processing - You have the right to restrict how your data is processed in certain circumstances, for example, if the information is not accurate. If a restriction is applied, we can retain just enough information to ensure that the restriction is respected in future. We must tell you if we decide to lift a restriction on processing.
  
  
• The right to data portability – You have the right to object to processing, if we are processing your personal data with your consent, and it is held in a structured, commonly used, machine-readable form, you have a right to ask us to transmit it to another data controller so they can use it. This right does not apply if we process your personal data as part of our public task.
  
  
• The right to object - You can object to your information being used for profiling, direct marketing or research purposes.
  
  
• You have rights in relation to automated decision making and profiling - to reduce the risk that a potentially damaging decision is taken without human intervention.

If you want to complain about or comment on how we have processed your personal information, you should email dataprotection@stirling.gov.uk

If you are still unhappy with how the council handled your complaint, you can contact the UK Information Commissioner's Office at:

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Phone: 0303 123 1113

You can find further information on the Information Commissioners Office website.