Environmental Enforcement

This Privacy Notice is designed to help you understand how and why the Environmental Enforcement Team processes your personal data. This notice should be read in conjunction with the Council’s Corporate Privacy Notice.

Who are we? 

Redcar and Cleveland Borough Council is a ‘Data Controller’ as defined by Article 4(7) of the UK General Data Protection Regulation (UK GDPR). The Environmental Enforcement Team carry out enforcement in relation to environmental issues such as dog fouling, fly tipping, littering and untaxed or abandoned vehicles. 

What personal information do we collect?

In order to carry out enforcement in relation to environmental issues it is necessary for us to collect and hold personal information about you. 

We may collect:

  • Name and contact details (including address, telephone number and email address)
  • Basic details of vehicle involved in environmental offences or deemed to be untaxed or abandoned – vehicle registration number, manufacturer, model and colour.
  • Evidence collected by enforcement officer to support the servicing of a fixed penalty notice or other enforcement action.
  • Evidence presented by a person making an appeal against the serving of a fixed penalty notice or other enforcement action

We may also process the following special category data about you:

  • Criminal offences (including alleged offences)
  • Images/footages from CCTV and other recording devices 

Why do we collect your personal information? 

We collect your personal information to fulfil the following public tasks, legal obligations and statutory duties:

  • Enforce against environmental crime
  • Liaise effectively with other Council departments and partner agencies on environmental issues
  • Serve penalty charge notices on perpetrators who commit environmental offences
  • Pursue perpetrators for non payment of these charges
  • Consider appeals against the servicing of a penalty charge notice or other enforcement.
  • For the prevention and detection of crime 

Who do we share this information with?

It may be necessary to share your information with other third-party organisations in the operation of the Council’s enforcement activities. These include:

  • Departments within Redcar and Cleveland Borough Council
  • Cleveland Police
  • Cleveland Fire Brigade
  • Vehicle and Operator Services Agency (VOSA)
  • Contractors operating on behalf of the Council in connection with enforcement matters. 

How long do we keep your information for?

We keep your personal data in accordance with our retention schedule and in most cases, we will retain your information for a minimum of 6 years from the date of last contact or case closure, whichever comes first. Further information on specific retention dates is available in our retention schedule.

We are obligated to dispose of your information in a safe and secure way to maintain and comply with GDPR regulations. 

What is our lawful basis for processing your information?

Redcar and Cleveland Borough Council relies on the following lawful basis to process your personal data:

  • UK GDPR Article 6(1)(e) – Processing is necessary for the Council to perform a task in the public interest to prevent and detect crime and to ensure and maintain public safety and security.
  • UK GDPR Article 6(1)(c) – processing is necessary for compliance with a legal obligation to which the controller is subject. 

Where special category data is processed, the legal basis is:

  • UK GPPR Article 9(2)(g): processing is necessary for reasons of substantial public interest.

When processing criminal offence data the Council will rely on the following lawful bases:

  • UK GDPR Article 10 as supplemented by DPA 2018 section 10(5) & Schedule 1 Part 2, Paragraph (6) Statutory and Government Purposes. 

The legislations, policies and guidance that relate to this service includes, but is not limited to:

  • Environmental Protection Act 1990
  • Anti-social Behaviour, Crime and Policing Act 2014
  • Anti-social Behaviour Act 2003
  • Clean Neighbourhoods and Environment Act 2005
  • Vehicle Excise & Regulations Act 1994
  • Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997

Your Rights

You have a number of rights that you may exercise in relation to your personal data. Some of the rights do not apply automatically and may not be available in certain circumstances where a lawful exception applies. 

  • You have a right to access your personal data. You can request a copy of personal data that we hold about you and ask us to explain how we use your data.
  • You have a right to object to processing of your personal data. You have an absolute right to stop your data being used for direct marketing. 

In other cases where the right to object applies, we may be able to continue using your data if we have a compelling reason for doing so. 

  • If we are relying on consent as the lawful basis to process your data you can withdraw your consent at any time, and we will stop further processing.
  • You have a right to request the restriction or suppression of your personal data.
  • You have a right to have your personal data erased, if we no longer have a legitimate use for it. This right is sometimes called the ‘right to be forgotten’.
  • You have a right to rectification of your personal data if the information we hold in relation to you is inaccurate or incomplete.
  • You have a right not to be subject to any decision based solely on automated processing, including profiling, which produces legal or similarly significant effects. You can request human intervention or challenge any solely automated decision-making that significantly affects you. 

The Council has appointed a Data Protection Officer. Their contact details are:

Data Protection Officer

Redcar and Cleveland House

Kirkleatham Street

Redcar

TS10 1RT 

You can contact the team by emailing: InformationGovernance@redcar-cleveland.gov.uk or calling 01642 774774.

If you would like to request access to your personal data or exercise any of your other data protection rights, please contact the Information Governance Team:

Information Governance 

Redcar and Cleveland Borough Council

Redcar and Cleveland House

Kirkleatham Street

Redcar

TS10 1RT 

You can seek advice and have the right to make a complaint to the Information Commissioner’s Office (ICO). The ICO is an independent body set up to uphold information rights in the UK. 

You can contact them through the ICO website www.ico.org.uk, their helpline on 0303 123 1113, or in writing to:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF 

For more information about how the Council uses your data, including your privacy rights and the complaints process, please see our Corporate Privacy Notice.