Legal basis for processing
The Food and Health and Safety team uses personal identifiable information about residents, businesses and users of its services to enable it to carry out specific functions relating to food safety, health and safety and public health and for which it is responsible.
Any personal information processed by the team is done so under Article 6(1)(e) of the General Data Protection Regulations (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 the legislation under which the team have legal responsibilities include, but is not limited to:
- Food and Environmental Protection Act 1985
- Official Feeds Food Controls(England) Regulations 2009
- Food Safety Act 1990
- Products of Animal Origin(Import and Export) Regulations 1996
- Food Safety and Hygiene(England) Regulations 2013(as amended)
- Products of Animal Origin(third country imports)(England)(amendment) Regulations 2010
- Health Act 2006(Part 1) and any other Regulations made thereunder
- Public Health (Control of Disease) Act 1984
- Health and safety at work Act 1974
- Health Protection(Part 2A Orders) Regulations 2010
- 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.