Privacy Notices - Food Business Privacy Notice

You need to be aware of this Privacy Notice if you are a Food Business

Swindon Borough Council is the data controller for the purposes of the Data Protection Act 2018 and other relevant regulations. 

The purpose of this privacy policy is to tell you about what information we collect about you when you use our service, how we use that information and who we may share it with.  If you are running a food business, the law requires that you notify your local authority (Swindon Borough Council).  The registration of establishments and the cooperation of food business operators are necessary to allow the competent authorities to perform official controls, as specified in EU law.

Regulation 852/2004 Article 6:

Food business operators shall also ensure that the competent authority always has up-to-date information on establishments,
including by notifying any significant change in activities and any closure of an existing establishment.

Therefore if you own a food business, you are required to provide information which will include some sensitive data. This is required for individuals, partners and limited companies as well as voluntary or charitable groups.

The Swindon Borough Council Data Protection Officer can be contacted via email: dataprotection@swindon.gov.uk

To deliver this service, we will process the business name, contact name & address, phone number and email address. What the food business does, when and where. We need to know the food business operator’s name and date of birth in order to verify their identity. We are collecting this data because as a local authority designated to conduct food law duties we have to ensure that the facts given to us are correct and not misleading or fraudulent in nature.  We are required by Article 31(1)(b) of Regulation 882/2004 to keep an accurate a register of food businesses.

We will use this information for food business purposes and inclusion to the National Food Hygiene Rating scheme. This involves using your details as a Food Business Operator to contact you in relation to discharging our duties under food hygiene and food standards legislation, including implementing the Food Standard Agency code of practice.

Some examples include contacting you in relation to inspections or other food hygiene interventions, in response to food complaints or to advise of new guidance or legislation applicable to food businesses. If we are minded to serve legal notice on the Food Business Operator, the information will also be used to ensure accuracy of service.

We will never share your data with third parties except for where we are legally required to do so for the detection and prevention of crime in accordance with the Data Protection Act. 

These include the following:

• HMRC
• Department for Work and Pensions
• Home Office
• The Police
• Other Local Authorities
• Health and Safety Executive (HSE)
• Food Standards Agency (FSA)
• Department for Environment, Food and Rural Affairs (DEFRA)
• Office for Standards in Education (Ofsted) – only for registered child minders

If you are a food business and work or trade outside of Swindon Borough council area and trade in a local or neighbouring local authority, your food business registration details may be shared with the relevant local authority.  This is only if you reside in Swindon but trade outside.  If this is required we will seek your consent.  If consent is given the data will be shared securely and only with an authorised recipient via encrypted email.

All data you give us as part of your registration as a food business is public, but you can request sensitive data or personal data to be withheld provided it does not mislead or alter the food registration details. This can be held under confidential restriction and not available to person other than yourself or Police authorities, HMRC or the courts for legal processes pertaining to food offences. Data is held on an electronic system that is a closed system (which means it cannot be accessed outside of this department). Once you have ceased trading, you are legally obliged to notify us, and your information will be removed from the live database. We are legally bound to hold details on food business registrations for 3 years after you have ceased trading. The access to this archived data is limited to authorised users only.

We will hold this information for as long as you are open and trading and then for 3 years. Data for businesses who are no longer trading will be removed from public access and only retained for the purposes of HMRC enquiries and for the prevention of Crime (Police authorities and immigration can legally request this).

You are freely able to withdraw your consent for us to process your information at any given time, however this will mean cancellation of your registration and will render you as trading illegally.

You have the right to request access to your data and where data is found to be inaccurate to have that data corrected.  In certain circumstances you have the right to have data held about you erased however this will mean cancellation of your registration and will render you as trading illegally.

Or you can request the use of it to be restricted, you may be able to object to processing as well as the right to have your data transferred to another data controller.

You have the right to object to the processing of your information and to have any inaccurate information corrected, however this will mean cancellation of your registration and will render you as trading illegally.
 

You also have a right of complaint to the Information Commissioner’s Office (ICO) at www.ico.org.uk if you think we have dealt with your information in an inappropriate manner.

You can ask to see what information we hold about you and have access to it.  You can do this, by contacting: Data Protection Officer Swindon Borough Council dataprotection@swindon.gov.uk

Any further questions regarding the data being processed may also be sent to the Data Protection Officer at the above email address.
 

You are viewing the Privacy Notice for a Food Business.

Read the main Privacy Notice