Legal basis for processing
The Environmental Protection and Community Safety Team uses personal identifiable information about residents and users of its services to enable it to carry out specific functions relating to environmental health, public health and community safety; for which it is responsible.
Any personal data processed by the team is done so under Article 6(1)(e) of the GDPR, because it is necessary to enable us to exercise our official authority, for example: to undertake our various statutory functions, duties or powers as laid down by law. Any sensitive data (special category data) is only processed when it also falls under condition (g) of Article 9(2) of the GDPR, for example: where the processing is necessary for reasons of substantial public interest on the basis of legislation for which the team have statutory obligations.
Examples of the legislation under which the team has legal responsibilities includes, but is not limited to:
- Anti-social Behaviour, Crime and Policing Act 2014
- Food & Environmental Protection Act 1985
- Building Act 1984
- National Assistance Act 1948
- Clean Air Act 1993
- Noise Act 1996
- Clean Neighbourhoods and Environment Act 2005
- Prevention of Damage by Pests Act 1949
- Public Health Acts 1936 and 1961
- Control of Pollution Act 1974
- Public Health (Control of Disease) Act 1984
- Environment Act 1995
- Water Industry Act 1981
- Environmental Protection Act 1990
- Local Government (Miscellaneous Provisions) Acts 1976 and 1982
The department also processes criminal offence data under Article 10 of the GDPR and maintains a comprehensive register of criminal convictions. It does so in its official capacity having regard to its enforcement duties.