Environmental Health - Subjects of the Noise App
- Service Area: Environmental Health
- Work Area: Environmental Health
- Contact Details: 01443 811200 / ehadmin@caerphilly.gov.uk
- Privacy Notice Name: Subjects of the Noise App
- Description of Privacy Notice: This privacy notice will explain how Caerphilly County Borough Council’s Environmental Health Group will use information provided about yourself (personal data) as well as video, audio and other data obtained during the investigation of service requests which have either been made directly to Caerphilly County Borough Council or via partner agencies.
How we will use your information
Source and type of information being processed
During the investigation of service requests by Caerphilly Environmental Health Group either made directly or initially to another organisation, this section will explain the categories of personal data that would be received or obtained by us and also the types of organisations that may make referrals.
Categories of personal data obtained
Caerphilly County Borough Council has obtained the following categories of your personal data:
- Name
- Address
- Contact Details
- Officer investigation and site visit notes
- Audio and video data obtained during an investigation
- Land or Property Ownership and/or occupation details
- Outcome of the investigation including legal notices served and prosecution results
Source of the personal data
This information has shared with Caerphilly County Borough Council by another organisation as detailed below:
- Another local authority
- Other Government organisations
- Public Health Wales
- Police
- Fire and Rescue Services
This information was obtained by Caerphilly County Borough Council through publicly available sources as detailed below:
If you would like further information on the source of this information please contact Caerphilly County Borough Council. You may be required to apply for this information as a Subject Access Request.
Video and Audio data provided by Public through controlled sources such as the noise app or portable controlled audio recording equipment.
Purpose and legal basis for using your information
Purpose of processing
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To assess if service requests on behalf of members of the public and businesses to establish if Caerphilly Environmental Health Group can assist with resolving the matter.
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If the Environmental Health Group can assist, this will be achieved either by giving you advice, liaising with you as a business or individual, taking formal action or conducting a criminal investigation.
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Where the business or person complained about is situated in another Local Authority area, your details provided and obtained during the course of an investigation, will be shared with the Environmental Health Group from that area, to allow them to further consider the matter.
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Where assistance can only be achieved by involving third parties such as expert witnesses or the Courts, your information provided and obtained will also be shared with them.
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In relation to criminal investigations that may involve other enforcement agencies, your details and information obtained about you may also be shared with them. This includes other Caerphilly County Borough Council services such as Trading Standards, other Local Authority Environmental Health Groups and enforcement bodies such as the police and Natural Resources Wales.
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For statistical Analysis.
Legal basis for processing
There is a public task requirement on public authorities to process your information as detailed below:
The legislation that provides the legal basis for processing will depend on the nature of the service request but may include (this is not exhaustive):
- The Criminal Procedure and Investigations Act 1996
- The European Communities Act 1972
- The Environmental Protection Act 1990
- The Pollution Prevention and Control Act 1999
- The Anti Social Behaviour Crime and Policing Act 2014
In order for the processing of personal data to be lawful under the General Data Protection Regulations 2016, a valid condition from Article 6 of the Regulations must be identified, which are outlined below:
1c. processing is necessary for compliance with a legal obligation to which the controller is subject
1e. 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;
Data Protection legislation provides extra protection for certain classes of information called 'special personal data'. If any information falls within the definition of special personal data then an additional condition from Article 9 of the Regulations must be identified, as outlined below:
6 (1) This condition is met if the processing —
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is necessary for a purpose listed in sub-paragraph (2), and
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is necessary for reasons of substantial public interest.
(2) Those purposes are —
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the exercise of a function conferred on a person by an enactment or rule of law;
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the exercise of a function of the Crown, a Minister of the Crown or a government department.
Who will have access to your information
Identity of Data Controller and Data Protection Officer
The Data Controller for your information is Caerphilly County Borough Council. The Data Protection Officer is:
Other Data Controllers may also be responsible for your information, depending on the specific circumstances. Please contact the Service Area for further information.
Details of main users of your information
Caerphilly Environmental Health Group will use video, audio and officer gathered evidence about you to assess if action is necessary under relevant legislation.
If it is felt that another Caerphilly County Borough Council service area is better placed to consider the matter further information gathered will be passed to them. These areas include but are not limited to: Trading Standards, Planning, Community Safety, Social Services, Waste Management, Catering and Highways.
Details gathered during the course of investigations such as your name and address, audio and video recordings may be shared with third parties, such as expert witnesses, external service providers, other outside enforcement bodies such as the police or Natural Resources Wales and the courts for the purposes of taking relevant legal action.
Information gathered about you in the investigations of service requests will be used for statistical analysis, both within Caerphilly County Council and externally, however the results of this analysis are compiled in such a way that your personal details are not revealed.
Details of any sharing of your information within Caerphilly County Borough Council
With other service areas who may be better positioned to deal with your service request, e.g. Trading Standards, Planning, Highways, Waste Management, Parks, Community Safety, Planning etc.
Details of any sharing of your information with other organisations
- Your details including audio and video data gathered during the course of investigating service requests may be shared with law enforcement bodies for purposes of the prevention or detection of crime or the apprehension or prosecution of offenders.
- Your details including audio and video data gathered during the course of investigating service requests may be shared with other Local Authority Environmental Health Groups who may be in a better position to or legally must consider the matter further.
- If the input of third parties such as expert witnesses is required, your details including audio and video data gathered during the course of investigating service requests may be shared with them.
- In the course of investigating service requests where audio or video evidence is required. Your details may be shared with external service providers such as but not limited to RHE Global and other providers of audio and video evidence gathering tools.
- Your details including audio and video data gathered during the course of investigating service requests will be shared with the Courts if criminal proceedings are initiated.
Details of any external data processors
RH Environmental Limited trading as RHE Global provide an audio and video evidence gathering tool for the purposes of service request investigations.
Information regarding Terms and Conditions of Responsible Use are available from: https://sso.rheglobal.com/services/1/licences/reasonable-use and Terms of service are available from: https://sso.rheglobal.com/licences/94.
Requests for information
All recorded information held by Caerphilly County Borough Council may be subject to requests under the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Data Protection legislation.
If the information you provide is subject to such a request, where possible Caerphilly County Borough Council will consult with you on its release. If you object to the release of your information we will withhold your information if the relevant legislation allows.
How long will we retain your information
Details of retention period
How long Caerphilly County Borough Council retains information is determined through statutory requirements or best practice.
In relation to your information, it will be retained up to 6 years in line with the Caerphilly CBC Public Protection Document Retention Policy.
Your Rights (Inc Complaints Procedure)
Your rights under the Data Protection legislation
Data Protection gives data subjects (those who the information is about) a number of rights:
- The right of subject access – Application forms for this process are available on our website: SAR Form
- The right to be informed
- The right of rectification
- The right to erasure
- The right to restrict processing
- The right to object
- The right to data portability
- Rights in relation to automated decision making and profiling.
Further information on your rights is available from: www.ico.org.uk.
To enact your rights please contact the service area detailed on the top of this form.
Complaints Procedure
If you are unhappy with the way that Caerphilly County Borough Council has handled your request / information, you have the right of complaint. Please contact the Service Area detailed at the top of this document outlining your issues.
If you remain unhappy you also have a right of complaint to the Information Commissioner's Office. Please follow this link for further information on the complaints process: www.caerphilly.gov.uk/My-Council/Data-protection-and-freedom-of-information/Questions-and-complaints