Environmental Protection privacy notice

This Privacy Notice is designed to help you understand how and why the Environmental Protection Service 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 Protection Service is a regulatory service that investigates complaints of nuisance/statutory nuisance (noise nuisance, smoke from fires & chimneys, dust, and odour arising from businesses). We investigate complaints of air pollution and inspect and issue businesses with environmental permits for the control of pollutant emissions to air.

  

The Council has an internal Data Protection Officer (DPO). Their contact details are:

Data Protection Officer

Redcar and Cleveland House

Kirkleatham Street

Redcar

TS10 1RT

You can also contact the DPO by emailing informationgovernance@redcar-cleveland.gov.uk or by calling 01642 444573

 

What personal information do we collect?

We collect and use information about people and businesses to enable us to carry out specific functions for which we are responsible and to provide you with a service.

  • Basic details about you, for example, name, address, date of birth.
  • Records of contact we have had with you, for example, notes from visits or telephone conversations, appointments, letters and emails.
  • Notes and reports about your relevant circumstances.
  • Details and records about the service you have received.
  • Relevant information from other people that we have been in contact with, in relation to the service you have received.

Why do we collect your personal information?

We collect personal information to inspect your business and carry out interventions in your business. We investigate complaints regarding business and domestic premises, for example: -

  • If you operate a business operating under The Environmental Permitting Regulations (England & Wales) 2016 we will gather information about your business in order to issue you with an environmental permit and to carry out risk-based inspections.
  • If you make a complaint of nuisance arising from a neighbouring property, we will gather information about both parties including how the nuisance affects you at your property and the detailed nature of the complaint.
  • If you make an enquiry seeking advice on the use of wood burning stoves and appropriate use of fuel, we will gather your contact and address details.

Who do we obtain your information from?

  • Yourself regarding applications made to the Council to hold an environmental permit.
  • Members of the public reporting a complaint about your business or your home.
  • Yourself if you make an enquiry or a complaint about a business or residential property.
  • Police/Fire Service/Environment Agency/Resident Social Landlords and other relevant Local Authorities.

Information will only be shared where it is necessary, proportionate and justified to do so, for example: -

  • Your complaint or the investigation needs to be dealt with jointly or solely by another agency.
  • Where the health and safety of others is at risk.
  • Where a legal gateway to share the information exists and is relevant, proportionate, and necessary to do so.
  • Where the law requires us to pass on information under certain circumstances
  • For the prevention and detection of crime.

How long do we keep your information for?

Data held

Retention period

Service request case management records to process your enquiry or complaint

2 years after the case is closed.

Information collected to inspect and issue your business with an environmental permit

2 years after the case is closed excepting for Environmental Baseline Reports which will be retained indefinitely for the historic baseline pollution information.

Prosecution records and files

6 years after the case is closed

 

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)(c) – processing is necessary for compliance with a legal obligation to which the controller is subject
  • UK GDPR Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

For the processing of personal data relating to criminal convictions and offences, processing meets Schedule 1, Part 2 of the Data Protection Act 2018 as below:

  • (6) Statutory and Government Purposes

When processing special category data, the Council will rely on the following lawful basis:

UK GDPR Article 9 (2) (g) – processing is necessary for reasons of substantial public interest with processing meeting Schedule 1, Part 2 of the Data Protection Act 2018 as below:

  • (6) Statutory and Government Purposes

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

  • The Environmental Protection Act 1990
  • The Environment Act 2021
  • The Environmental Permitting (England & Wales) Regulations 2016
  • The Clean Air Act 1993
  • The Anti-Social Behaviour Crime and Policing Act 2014

 

Your rights

There are a number of rights that you may exercise depending on the legal basis for processing your personal data.

  • Request a copy of the personal information the Council holds about you.
  • To have any inaccuracies corrected.
  • To have your personal data erased.
  • To place a restriction on the Council’s processing of your data.
  • To object to processing.
  • To request your data to be ported (data portability).
  • To object to any automated decision-making including profiling.

In most cases, these rights are not absolute and there may be compelling or overriding legal reasons why we cannot meet these rights in full.  This will be explained to you in more detail should you contact us for any of the reasons detailed above.

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