Street Trading Consent - Applicants
- Service Area: Public Protection
- Work Area: Licensing
- Contact Details: 01443 866750 / licensing@caerphilly.gov.uk
- Privacy Notice Name: Street Trading Consent - Applicants
- Description of Privacy Notice: This privacy notice will explain how Caerphilly County Borough Council will use the information you provide about yourself if you make an application for a Street Trading Consent.
How we will use your information
Purpose and legal basis for using your information
Purpose of processing
The information you provide is used to process your application(s) for a Street Trading Consent. This information will be used to determine your suitability / continued suitability for the purposes of the issuing or holding of a Street Trading Consent.
Where applications for Street Trading Consents cannot be determined by officers under delegated powers, applications are determined by a Sub Committee made up of elected members. Where this occurs, the agenda prepared for the Sub Committee is made publicly available via our website. Details as to the Steet Trading Consent location, type of goods to be sold and the hours sought would be included in any Reports Pack, as would the concerns raised by objectors. Where there is personal or sensitive information that is likely to be discussed then such matters are likely to be subject to a Public Interest Test and such meetings will not be open to the public. Such Reports are accessible via the council's website via Caerphilly - Caerphilly County Borough.
Categories of personal data obtained
Caerphilly County Borough Council has obtained the following categories of your personal data:
- Name
- Address
- Contact Details
Source of the personal data
In addition to the information you provide, we may also obtain information to determine your suitability / continued suitability for the purposes of holding a Street Trading Consent from other sources such as other local authorities that you may have previously held a Consent with or the Police. Additionally, information pertinent to your application could be received from internal departments such as but not limited to Highways, Property Services or Trading Standards.
Legal basis for processing
There is a public task obligation to process your information as detailed below:
The legislation that provides the legal basis for processing will is:
Local Government (Miscellaneous Provisions) Act 1982
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 is outlined below:
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 category personal data'. If any information falls within the definition of special category personal data then an additional condition from Article 9 of the Regulations must be identified, as outlined below:
Data Protection Act 2018 – Schedule 1 / Part 2
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.
Data Protection legislation also provides extra protection for personal data in relation to criminal convictions and offences. If any personal data falls within this category, then an additional condition from Article 10 of the Regulations must be identified.
The condition above is both an Article 9 and Article 10 condition for processing.
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
The main user of your information will be the Licensing and Trading Standards Sections, who will be supported with legal advice from CCBC’s Legal Services.
Details of any sharing of your information within Caerphilly County Borough Council
We may share your information with the following service areas/Individuals as these have been designated within the Council’s Street Trading Policy as consultees. This is for the purposes of the protection of the public, including children and vulnerable adults.
- Highways
- Property Services
- Trading Standards
- Public Services
- Environmental Health
- Planning
- Community Safety Partnership
- Economic Development
- Councillors of the relevant ward
- Council Tax and Housing Benefits for the purpose of the detection and prevention of fraud on the public purseLegal or Committee Services for obtaining of legal advice / formulation of Sub Committee Reports.
Details of any sharing of your information with other organisations
Your information may be shared where there is a legal basis for doing so with the following organisations:
- Welsh Government Highway Authority
- Insurance Companies/Providers
- Other Local Authorities, this may include sharing detailed information with other local authorities in relation to the reason for our refusal / revocation,
- Other statutory authorities for example and not limited to Her Majesty’s Revenue and Customs (HMRC), Department for Work and Pensions, DVSA, Disclosure and Barring Service (DBS), Police, South Wales Fire & Rescue Service or similar agency, where sharing your data is necessary.
- Other public bodies or organisations using data matching techniques to collect taxes, detect and prevent fraud on the public purse or to assist in the investigation and detection of crime, the prosecution of offenders, protection of property and to maintain law and order, such as the National Fraud Initiative.
- We may also be required to share your personal information with the Police, or similar agency, or another Council for the purposes of preventing and detecting fraud.
- Any other organisation or body that may be relevant to the particular nature of the proposed street trading consent.
Details of any external data processors
Diamond People Ltd (Database provider) provides updates to system and maintenance of records and/or registers). The processing of data will be in accordance with the data processor agreement in place.
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 accordance with the Public Protection Data Retention Policy information is retained as follows: Relevant Consent plus 1 year.
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