Street Trading Consent - Contributors
- Service Area: Public Protection
- Work Area: Licensing
- Contact Details: 01443 866750 / licensing@caerphilly.gov.uk
- Privacy Notice Name: Street Trading Consent - Contributors
- 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 a representation in relation to an application for a Street Trading Consent.
How we will use your information
Purpose and legal basis for using your information
Purpose of processing
Caerphilly County Borough Council will process the representation you have made on a Street Trading Consent application for the purposes of ensuring your comments have been considered in the determination of the application.
Your contact details will be retained to enable us to inform you of any mediation with the applicant, which may mean amendments to the application.
Your Street Trading Consent application representation, if not mediated or withdrawn will be published within a committee report. Your name including the name of your business and contact details will be removed.
Unless the application for a Street Trading Consent contains confidential or sensitive information, such Committees are held in public. Persons who have objected to the Consent will be invited to attend the meeting of the relevant committee. Committee reports in respect of contested Street Trading Consents are published on-line.
Categories of personal data obtained
Caerphilly County Borough Council has obtained the following categories of your personal data:
- Name
- Address
- Contact Details
Legal basis for processing
There is a public task obligation to process your information as detailed below:
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 Licensing Team will be the main user of your data. The data is likely to be shared with Committee Services and Legal Services in the preparation and production of any Sub Committee report.
Details of any sharing of your information within Caerphilly County Borough Council
The data obtained namely the objection to the proposed Street Trading Consent will be shared with the applicant and shared with Consultees. However, your identity details will be removed.
Details of any sharing of your information with other organisations
Your data may be shared with other organisations such as the Police and Fire & Rescue Service.
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