WSCC Trading Standards is responsible for creating and maintaining a safe and fair trading environment for products and services, where businesses can operate and 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.
This privacy notice explains:
- how personal information is going to be used
- what it is used for
- who it might be shared with and why
- how long it is kept.
The information you provide helps us deliver our services effectively.
Personal and special category data
The categories of personal data we are processing are:
- personal identifiers, contacts and characteristics (such as name, email address, contact details and postcode)
- details of complainants, consumers, businesses, victims and witnesses
- criminal offences data.
We will process this information in order to carry out our statutory duties and ensure compliance with the law, for public safety interests and the prevention and detection of crime.
We may also receive information from consumers, individuals, witnesses, victims, businesses, internal and external partners and agencies (as above) and enforcement agencies.
West Sussex County Council (WSCC) complies with the Data Protection Act and the General Data Protection Regulation (GDPR). It is registered as a ‘Data Controller’ with the Information Commissioner’s Office (Reg. No. Z6413427).
We ensure that your personal data is processed fairly and lawfully, accurate, kept secure and retained for no longer than is necessary.
The legal basis for processing personal data
The personal data collected is essential in order for WSCC to fulfil its official functions and meet legal requirements under relevant legislation and regulations, including but not limited to:
- Consumer Rights Act 2015
- Unfair Trading Regulations 2008
- Food Information Regulations 2014
- General Product Safety Regulations 2005
- Enterprise Act 2002
- Trade Marks Act 1994
- Weights and Measures Act 1985.
Processing is necessary:
- for the prevention and detection of crime
- for compliance with a legal obligation
- for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
- in someone’s vital interest.
Consent may be required for carrying some activities that help us carrying out our public duty, and we will make it clear to you when consent is being requested. Where personal data is solely processed on the basis of consent, you will have the right to withdraw that consent.
The legal basis for processing special category data
We may need to collect special category data such as:
- racial or ethnic origin
- political opinion
- religious beliefs or other beliefs of a similar nature
- membership of a trade union
- biometrics (where used for ID purposes)
- physical or mental health or condition
- sexual life or sexual orientation.
Where we do, we rely on one or more of the following legal bases to process it.
- Explicit consent of the data subject.
- To protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent.
- For the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law.
- For reasons of substantial public interest on the basis of law which is proportionate to the aim pursued and which contains appropriate safeguards.
- For reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of healthcare and of medicinal products or medical devices.
Conditions for criminal offence data, enforcement investigations and prosecutions
Where we are undertaking an investigation we are processing personal information under Part III of the Data Protection Act 2018 (DPA) for law enforcement purposes. The six law enforcement purposes are broadly the same as those in GDPR. Transparency requirements are not as strict, due to the potential to prejudice an ongoing investigation in certain circumstances.
When processing sensitive data, we must be able to demonstrate that the processing is strictly necessary and satisfy one of the conditions in Schedule 8 of the DPA or is based on consent.
How we use your personal information
- discharge our statutory duties in connection with the regulation of products and services
- provide advice to businesses
- investigate complaints
- undertake inspections and testing
- prevent, detect and prosecute crime.
Who we share your information with
- Internal departments
- External enforcement agencies such as HMRC, National Crime Agency, DWP, Illegal Money Lending Team, Insolvency Service, Environment Agency, Licensing, Action Fraud, Environmental Health, Legal Department
- Local authority trading standards and national trading standards and regional investigations teams
- Central Government departments, such as the Office for Product Safety and Standards
- Police forces and fire and rescue services
- Members of the public, where lawful, under certain Data Protection Act or Freedom of Information Act/Environmental Information Regulations conditions
We will not share data with third-parties for marketing purposes.
Transfer outside the European Economic Area
If your data needs to be transferred we will make sure that an adequate level of protection is in place.
How long we keep your personal data
Personal data will not be retained for longer than necessary in relation to the purposes for which they were collected. Consumer personal information will be kept for six years or longer to satisfy safety concerns. Trader personal data will be kept for 15 years or longer if required to satisfy safety concerns. Personal data linked to petroleum storage sites will be retained indefinitely.
Your information will not be used to make automated decisions.