Privacy Notice for Food Safety

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Information about our privacy notice and how the Royal Borough of Kensington and Chelsea’s Food Safety and Infectious Disease team processes your data in accordance with legal requirements.

The Royal Borough of Kensington and Chelsea’s Food Safety and Infectious Disease Team (“a data controller”) is committed to protecting the privacy and security of your personal information. Our core obligations under the Data Protection Act 2018 and commitments are set out in the Council's Primary Privacy Notice.

Please note that failure to provide your personal data may lead to you being unable to access our services.

Why we collect your personal data

The Royal Borough of Kensington and Chelsea will use any data collected through;

  • Enquiries and complaints made to the Food Safety and Infectious Disease Team.
  • Registration of Food Businesses.
  • Inspections, Official and Non-Official Interventions, Sampling and Enforcement of food businesses.
  • Infectious Disease notifications and other public health related requirements.
  • Smoke free complaints and enquiries.
  • Public Health work such as Private Water Supplies.
  • The issuing of legal notices for the enforcement of food safety contraventions and other associated investigation/enforcement purposes.

We rely upon the following laws to process your personal data:

  • The Food Safety Act 1990 (as amended): for the avoidance of doubt, this authorisation includes all enactments, which are listed as relevant statutory provisions in, or made under, the Act itself or in the Schedules to the Act.
  • Any Orders or Regulations or other instruments made there under, or relating to, or having effect by virtue of The European Communities Act 1972 and any modification or re-enactment of the foregoing.
  • The Food Law Code of Practice (England) EC Regulation No. 2073/2005 on Microbiological Criteria for Foodstuffs Regulation (EC) No 853/2004 which lays down specific hygiene rules for food of animal origin. Regulation (EC) No 852/2004 on the hygiene of foodstuffs Regulation (EC) No 178/2002 General principles of food law
  • The Food Safety Act 1984
  • Agriculture Act 1970
  • The Food Safety and Hygiene (England) Regulations 2013 (as amended)
  • The General Food Regulations 2004
  • The Alcoholic Liquor Duties Act 1979
  • The Food and Environmental Protection Act 1985
  • Food Information Regulations 2014
  • International Carriage of Perishable Foodstuffs Act 1976
  • Chronically Sick and Disabled Persons Act 1970
  • Environment and Safety Information Act 1988
  • Environmental Protection Act 1990
  • GLC (General Powers) Act 1973
  • Public Health (Control of Disease) Act 1984
  • Health Protection (Notification) Regulations 2010
  • Health Protection (Local Authority Powers) Regulations 2010
  • Health Protection (Part 2A Orders) Regulations 2010
  • Local Government (Miscellaneous Provisions) Act 1976 Section 20
  • Local Government (Miscellaneous Provisions) Act 1976 Section 35
  • Prevention of Damage by Pests Act 1949
  • Public Health Act 1936
  • Public Health (Control of Disease) Act 1984 (as amended)
  • Public Health Act 1961
  • The Building Act 1984
  • The Burial Act 1857
  • The Fraud Act 2006
  • The Health Act 2006 and the Regulations made under this Act
  • The Plant Protection Products (Sustainable Use) Regulations 2012
  • The Water Industry Act 1991
  • The Water Industry Act 1999 (as amended)
  • The Water Act 2003 (as amended)

Who we share your personal data with

The data you provide may be disclosed to other enforcement agencies for enforcing food safety and public health contraventions or to agents of the Council during the course of our duties. It may also be disclosed to other departments within the Council or external parties for related enforcement purposes or as required by law.

Data retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any future legal, accounting, or reporting requirements.

We must continue to retain necessary information in accordance with our corporate records policy to fulfil legal, statutory and regulatory requirements.

Rights of access, correction, erasure, and restriction 

You have the right to:

  • ask for your information and there will not be a charge for you to do so. This is known as a subject access request and we act in accordance with this policy.
  • ask for your information to be corrected if it is inaccurate or incomplete.
  • ask for your information to be deleted or removed where there is no need for us to continue processing it (right to be forgotten).
  • ask us to restrict the use of your information.
  • ask us to copy or transfer your information from one IT system to another in a safe and secure way without impacting the quality of the information.
  • object to how your information is used.
  • challenge any decisions made without human intervention (automated decision making).

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is in our view unreasonable or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

Where the legal reason for processing your personal information is based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of our processing prior to the withdrawal of your consent.

If you do not provide consent, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.

If you wish to withdraw consent you will have to put your request in writing to [email protected] we will process your request as a matter of priority.

Your rights

In addition to the above you have legal rights in relation to your personal information.

You have a right to be informed about how and why your personal information is being processed. This notice fulfils that obligation.

Full details are contained within the Council's Primary Privacy Notice and should be read before consenting to this document.

To ask for access to your information you should contact: [email protected]

Data Protection Officer

If you wish to raise a concern or discuss any aspect of this notice please contact our Data Protection Officer.

If you are unhappy with the way that we handle your concern you may complain to the Information Commissioner's Office.

The Information Commissioner's Office deals with concerns and complaints relating to data protection (GDPR) and freedom of information legislation.

Changes to this privacy notice

We may update or revise this privacy notice from time to time and will provide supplementary privacy information as is necessary.

Last updated: 29 November 2019