Who controls your data
The data controller is Derbyshire County Council.
Our core obligations under the Data Protection Act 2018 and commitments are set out in our main privacy policy.
The data we collect
The data we collect from you and about you is determined on a case by case basis on what we need to do our role and can consist of:
- your name, contact details, National Insurance number, passport number, driving licence number, gender, information about any current and past criminal offences (including alleged) and convictions
- health and medical data, including disabilities
- information relating to employment history
- financial information, bank and building society accounts
- electronically held information such as held on devices such as computers, laptops, mobile phones and remote and off-site storage
- business names (trading names, company name), date of incorporation
- data contained in any emails, notes or conversations between you and us
- data held on call blocking devices installed on behalf of consumer
We'll only gather the minimum amount of data we need in order to do our job.
Who we collect data on and from
We collect data on and from:
- consumers
- traders
- complainants
- businesses
- victims
- witnesses
We also receive information from:
- police
- other enforcers, ombudsmans or regulators, such as the Health and Safety Executive, National Crime Agency
- government departments, such as HMRC, the Department for Work and Pensions, Department for Environment, Food and Rural Affairs, Department for Business, Energy and Industrial Strategy and Food Standards Agency
- other local authorities
- trade associations
- judicial agencies, such as the Court Service, the Crown Prosecution Service (CPS), as well as bailiffs and court officials
- Citizen's Advice consumer service
- intelligence databases as other authorities (Memex and IDB) and the National Anti-Fraud Network
Why we need this
In general
Performance of our statutory duties of inspection, investigation, enforcement, surveillance and monitoring.
Business premises
We inspect and monitor commercial premises to check that they adhere to the required standards, as well as managing and monitoring of registrations, certifications and licensing. For instance, we find out whether shops are carrying out the proper checks before selling age-restricted products. We also monitor to protect the public in matters concerning fair trading, food labelling and information, food safety, product safety, the accuracy of weights and measures, animal feed safety and hygiene, as well as the welfare of food producing animals.
Business services and public services
We provide a commercial service to firms that have a need for Trading Standards advice. We keep details of our customers and the business matters they raise with us. We also manage Derbyshire Trusted Trader, an approved trader scheme for local businesses. The Trusted Trader helps to support good businesses as well as making it easier for vulnerable people to find good trades people who do a good job for a good price with good customer service.
Complaints and investigations
Acting upon information, intelligence and complaints sent to us to conduct enquiries and investigations into allegations of criminal and civil law offences. We also use information in the prevention and detection of crime, safeguarding and overall to protect the interests of the public.
Sharing intelligence and tackling fraud
We exchange information about suspected offenders because many of the issues we deal with are not confined to Derbyshire. Details on organisations we share information with are listed on this page.
Trademark protection
We collect the names and contact details of people who represent the interests of trademark holders. Their expertise helps us identify counterfeit goods.
Service improvement and to comply with our duties
To enable development of policies and strategies, to comply with governmental department research and statistic returns, account for our decision-making and to overall improve our services we offer.
Legal basis of processing
Trading Standards have a very varied role, from helping and protecting consumers and businesses to prosecuting offenders, and as such the legal basis for processing data is also varied under the Data Protection Act 2018.
Most of our Trading Standards work is done to fulfil:
- a public task
- a legal obligation
In limited circumstances our work might also involve processing data to:
- protect a person's vital interests (this is a life or death situation)
We collect personal data in order to enable us to carry out our duties in connection with relevant legislation, which include:
- Consumer Rights Act 2015
- The Consumer Protection from Unfair Trading Regulations 2008
- Trade Marks Act 1994
- Enterprise Act 2002
- General Product Safety Regulations 2015
- Food Information Regulations 2014
- Public Safety Act 1961
- Proceeds of Crime Act 2002
- Animal Health Act 1981
- Animal Welfare Act 2006
- Care Act 2014
- Weights and Measures Act 1985
Sometimes, we may process data which includes information on sensitive matters, such as your ethnic, political or religious affiliations or your health status. This is legally classed as 'special category' data. We take care only to process it with an appropriate legal justification as follows:
- to protect vital interests
- for reasons of substantial public interest
- for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standard of healthcare and of medicinal products or medical devices
Where we're processing data for purposes of criminal law enforcement, our lawful bases are found under parts 2 and 3 of the Data Protection Act 2018. We're considered a 'competent authority' for law enforcement purposes, as we have legal powers to prosecute for trading standards offences.
All work we carry out as part of our law enforcement duties falls within the criteria of section 31 of Data Protection Act 2018, which is:
"the prevention, investigation detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security."
In addition, the Local Government Act 2000, section 2 states that Derbyshire County Council, as a local authority, has the power to do anything which they consider is likely to achieve any one or more of the following objects:
- (a) the promotion or improvement of the economic well-being of their area
- (b) the promotion or improvement of the social well-being of their area
How long we keep your information
We follow the retention periods set out in the Trading Standards retention schedule. Generally, that means we keep the information for 6 years after we close a file. But we may extend this period if required by law or our legitimate interests.
The major exceptions concern petroleum storage. We keep records of sites which have been used for storage of petroleum permanently, because of the enduring risks associated with them. We keep records of holders of petroleum licences for 12 years.
Sharing your information
We may share your information with:
- police
- other enforcers, ombudsmans or regulators, such as the Health and Safety Executive, National Crime Agency
- government departments, such as HMRC, the Department for Work and Pensions, Department for Environment, Food and Rural Affairs, Department for Business, Energy and Industrial Strategy and Food Standards Agency
- other local authorities
- trade associations
- judicial agencies, such as the Court Service, the Crown Prosecution Service (CPS), as well as bailiffs, court officials and expert witnesses
- Citizen's Advice consumer service
- intelligence databases as other authorities (Memex and IDB) and the National Anti-Fraud Network
If we do need to share information, we only pass on as much as is needed to do a proper job. We use formal information sharing agreements where we can.
Keeping your information safe
Security matters to us a lot. Find out how we how we keep your information secure.
Your rights and who to contact about them
You can find out about your rights as a data subject but here are the main things you need to know.
If you want to complain about how we handle your personal data you can contact the data protection officer:
You also have the right to contact the Information Commissioner.
Find out other ways of getting in touch with us.