General privacy notice

What we need

South Lanarkshire Council and Food Standards Scotland (FSS) are Joint Data Controllers of the personal information you provide to us on this form. The information we collect about you includes name, postal address, email address and phone number.

Why we need it

• As Joint Data Controllers, we need to collect this information for the purposes of Food Law Enforcement.
• Regulation (EU) 2017/625 on Official Controls performed to ensure the verification of compliance with Food Law, requires that South Lanarkshire Council and FSS coordinate effectively in the field of Environmental and Health protection, carrying out their activities with a high level of transparency, making relevant information available to the public as soon as possible.
• Each Local Authority is required to maintain an up-to-date list of registered Food Business Establishments in its area and divulge this information for the purposes of ensuring public health and the effective enforcement of Food Law. 
• The Food (Scotland) Act 2015 enables FSS to set performance standards, report on enforcement action by others and require relevant information from South Lanarkshire Council.
• The Official Feed and Food Controls (Scotland) Regulations 2009, allows the exchange and provision of information by FSS and South Lanarkshire Council for the execution and enforcement of relevant Food Law, and makes provision for South Lanarkshire Council to provide FSS with Food Business information.
• FSS maintains a national database that can be accessed by both Food Standards Scotland and the Local Authority to which the information pertains. The reporting toolset allows information to be strategically analysed, allowing both organisations to adhere to the principles of the Scottish Regulators’ Strategic Code of Practice.
• We will only collect the data that we need as required by the above regulations and legislations, and will not collect any personal information from you that we do not need.

What we do with it

The information on this form will be retained by South Lanarkshire Council and FSS for the duration of your business registration. Additionally, if your business closes, or your registration details are otherwise amended then this information will continue to be retained for a maximum of six years following notification of the closure or the amendment of your registration details.

The information collected on your business relating to Food Law enforcement activity will be retained by South Lanarkshire Council for a maximum of six years for Freedom of Information purposes. Food Standards Scotland collects food business information from South Lanarkshire Council on a regular basis for the purposes of Food Law Enforcement. The same information will be retained by FSS for a maximum of 6 years, also for Freedom of Information purposes and the monitoring of enforcement action by Local Authorities.

We will place certain information from your application onto a public register as required by the Interventions Food Law Code of Practice (Scotland). The register is publicly available to view.

Once registered your business details, including the trading name, address and business compliance status will be uploaded to the Food Hygiene Information Scheme database, which is published on FSS’s website.

What we may also be required to do with it

The information may be shared with other Regulators in line with the principles of the Scottish Regulators’ Strategic Code of Practice for compliance and risk mitigation purposes. This is limited to circumstances where the law allows such sharing of information by regulators with common interests or activities.

Your information will only be processed when it is lawful to do so.

What are your rights?

You have the right to ask us to

• confirm that we are using personal information about you, detail what that information, to whom we have disclosed your information and a copy of the information that we have about you (The right of access)
• correct any incorrect or misleading personal information that we have about you (The right to rectification)
• stop using any or all of your personal information (The right to object)
• to delete or destroy your personal information (The right to erasure) and 
• stop using your personal information until we can look into correcting your personal information or our justification for using your personal information or to stop us deleting your personal data where you need it in connection with any legal claims (the right of restriction)
• pass your personal information to someone else under certain circumstances (the right to data portability)

For more information on your rights and how to exercise them or for information about how we manage your personal information, please contact the Data Protection Officer (details are below); and

If you have any queries or are unhappy about the way that we use your personal information or have responded to you in relation to any of your rights, you can contact the council’s Data Protection Officer.

For more information on how we use and handle your information and rights and how to exercise them or how to make a complaint, you can ask for a copy of the council’s explanation from our Data Protection Officer by emailing dp@southlanarkshire.gov.uk or see our general privacy notice.

Data Protection Officer

The Information Commissioner

You also have the right to complain to the Information Commissioner about the way we have handled your rights, to enquire about any exercise of those rights or to complain about the way that the council has dealt with your rights (or any other aspect of data protection law).

Phone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.

https://ico.org.uk/concerns/handling/

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