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We are currently experiencing significantly high demand for subject access requests and therefore there are delays in processing these types of requests.   We sincerely apologise for any inconvenience this may cause.

We have had to change the way that some of our services operate to meet the guidelines set out by the government in response to the Coronavirus pandemic.

These privacy notices set out how we process your personal information within Community Safety for the following activities:

What information do we need?

We use captured CCTV footage and body worn camera images so that we can perform our public safety responsibilities supporting the general public and third party organisations such as Police, Solicitors and Insurance companies who may request data in support of Criminal or Civil action.

Why we need it?

Torbay Council has a responsibility to protect public safety.
Our lawful basis for holding your personal data is that it is necessary for performance of a task carried out in public interest and official authority under The Criminal Justice and Public Order Act 1994,The Crime and Disorder Act 1998 and The Protection of Freedoms Act 2012.

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose. We may share information about you with the police, insurance companies and other Council departments. We do this because we have a duty to protect the public money that we spend and in order to prevent and detect crime and fraud.

How long do we keep your information?

Your captured personal footage/image will be retained for a maximum of 30 days and deleted after this time unless archived in relation to a request by a third party. If used as evidence in support of Criminal or Civil action, or following a Subject Access Request. In these circumstances the footage/image will be retained for no longer than 2 years.

What information do we need?

We need certain information in order to deliver Environmental Health functions – these include enforcement and compliance of environmental health, anti-social behavior and crime and disorder legislation. In order to provide these functions, it is necessary for the council to collect, store and process personal data relating to complainants, business owners, landlords, and anyone else connected with a report.

Why we need it?

We need to process your personal information in order to enforce environmental health legislation. This includes receiving reports, investigating issues, inspecting premises and issuing enforcement notices or fines. We also provide an advice service.

The Community Safety Team deal with a lot of different issues, including:

  • environmental protection issues and concerns
  • inspections of some businesses
  • enforcement on environmental protection legislation
  • dangerous, stray and lost dogs, microchipping, complaints about dog fouling
  • air quality, pollution, contaminated land
  • Community Safety Partnership responsibilities including the public space protection orders and anti-social behaviour

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose. We will only disclose your personal information if we have a lawful basis to do so or if we have your consent.
We may also use your information for the purpose of performing any of our statutory enforcement duties. We will make any disclosures required by law and may also share your information with other bodies responsible for detecting/preventing crime including fraud or auditing/administering public funds.

How long do we keep your information?

We will hold your information on a secure database and will hold your personal data for no longer than 7 years.

What information do we need?

We need certain information in order to deliver Licensing functions – these include enforcement and compliance of Licensing and crime and disorder legislation. In order to provide these functions, it is necessary for the council to collect, store and process personal data relating to complainants, business owners, landlords, and anyone else connected with a report.

Why we need it?

We need to process your personal information in order to enforce licensing legislation. This includes receiving reports, investigating issues, inspecting premises and issuing enforcement notices or fines. We also provide an advice service.

The Community Services Licensing Team deal with a lot of different issues, including:

  • environmental protection issues and concerns
  • inspections of some businesses
  • enforcement of Licensing legislation
  • Licensing of individuals, vehicles and premises

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose. We will only disclose your personal information if we have a lawful basis to do so or if we have your consent.

We may also use your information for the purpose of performing any of our statutory enforcement duties. We will make any disclosures required by law and may also share your information with other bodies responsible for detecting/preventing crime including fraud or auditing/administering public funds.

How long do we keep your information?

We will hold your information on a secure database and will hold your personal data for no longer than 7 years after the expiry of the licence.

What information do we need?

We need to hold certain information about our customers and service users in order to effectively provide the services we have to deliver relating to Concessionary Bus Travel. We need to hold information such as your name, address, telephone number, relevant qualifying medical conditions and email address.

Why we need it?

Torbay Council has a statutory duty Under the Transport Act and the Concessionary Bus Travel Act to provide concessionary bus travel.

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose. We may also share information about you with other local authorities, the police and other departments. We do this because we have a duty to protect the public money that we spend and will take the steps we need to take to ensure that the information we hold about you is accurate and correct and in order to prevent and detect crime and fraud.

How long do we keep your information?

We will hold your information on a secure database and will not hold your personal data for longer than 7 years after the cancellation of your concessionary pass.

What information do we need?

We need to hold certain information to deliver Health & Safety functions, these include compliance with the Health and Safety at Work Act 1974 and associated legislation. In order to provide these functions, it is necessary for the council to collect, store and process personal data such as your name, address, telephone number, email address and relevant information in relation to accidents/incidents and occupational ill health.

Why we need it?

We need to know this information to ensure compliance with Health and Safety legislation. This includes receiving reports, investigating issues, inspecting Council assets, and providing an advice service.

The Health & Safety Team deal with a lot of different issues including:

  • Inspection of Council Assets (Stores, Offices & Buildings)
  • Investigate complaints and accidents
  • Training Employees
  • Record and Monitor accidents within the workplace

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”

Our lawful basis for holding your special category data is ‘explicit consent’

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose and will only disclose your personal information if we have a lawful basis to do so or if we have your consent.

We may also use your information for the purpose of performing any of our statutory duties.

How long do we keep your information?

We will hold your information on a secure database that we own. Your information could be held indefinitely dependent on the nature of the data gathered.

What information do we need?

We need to hold certain information about our customers and service users in order to effectively provide the services we have to deliver relating to Disabled Facilities Grants. We need to hold information such as your name, address, telephone number and supporting medical information.

Why we need it?

Torbay Council has a statutory duty to provide Disabled Facilities Grants.

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”

Our lawful basis for holding your special category data is ‘explicit consent’

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose. We will only disclose your personal information if we have a lawful basis to do so, for example for the prevention and detection of crime, or if we have your consent.

How long do we keep your information?

We will hold your information on a secure database and will hold your personal data for no longer than 11 years after completion of the works.

What information do we need?

We need to hold certain information about our customers and service users in order to effectively provide the services we have to deliver relating to Food Safety. We need to hold information such as your name, address, telephone number and email address. (Business, and Proprietor details) In addition we will hold other relevant information relating to your business ie previous inspection reports.

Why we need it?

Torbay Council has a statutory duty to provide a Food Safety service as detailed under Food Safety, Health and safety, and Public Health Legislation.

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose and will only disclose your personal information if we have a lawful basis to do so or if we have your consent.

We will share your information with other statutory agencies such as the Food Standards Agency and Public Health England for the purpose of joint investigations and where we are required by law to share this information.

How long do we keep your information?

We will hold your information on a secure database that we own and will not hold your personal data for longer than 7 years after notification that your business is no longer trading.

What information do we need?

We need to hold certain information about our customers and service users in order to effectively provide assistance to individuals who are homeless or may be at risk of becoming homeless. We need to hold information such as your name, address, telephone number and email address.

Why we need it?

We need to know this information about you so that we can ensure you are eligible for support, and receive the best service that meets your needs. We use the information to administer our official authority under the Homelessness Reduction Act 2017

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”

Our lawful basis for holding your special category data is ‘explicit consent’

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose and will only disclose your personal information if we have a lawful basis to do so or if we have your consent.

We may check information you have provided with your doctor, support worker, or social services in order to ensure the accuracy of the information, to prevent or detect fraud or to protect public funds.

We may also share your information with other service providers to provide you with additional support. We may also share your information with our emergency and temporary accommodation providers to assist with your placement into temporary accommodation.

In exceptional circumstances, we will always disclose information to agencies, ie, where you pose a serious risk to yourself or others. The intention is to ensure your safety and the safety and wellbeing of others.

How long do we keep your information?

We will hold your information on a secure database that we own and will not hold your personal data for longer than 7 years from the date your file is closed.

What information do we need?

We need to hold certain information to deliver Housing Standards functions, these include enforcement and compliance of the Housing Act 2004 and crime and disorder legislation. In order to provide these functions, it is necessary for the council to collect, store and process personal data such as your name, address, telephone number and email address.

Why we need it?

We need to know this information to enforce Housing Standards legislation. This includes receiving reports, investigating issues, inspecting premises and issuing enforcement notices or fines. We also provide an advice service.

The Housing Standards Team deal with a lot of different issues including:

  • Inspections of Houses of Multiple Occupation
  • Enforcement of Housing Standards legislation
  • Advice to Landlords/Home Owners
  • Housing inspections to ensure properties are safe

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose and will only disclose your personal information if we have a lawful basis to do so or if we have your consent.

We may also use your information for the purpose of performing any of our statutory enforcement duties. We will make any disclosures required by law and may also share your information with other bodies responsible for detecting/preventing crime including fraud or auditing/administering public funds.

How long do we keep your information?

We will hold your information on a secure database that we own and will not hold your personal data for longer than 7 years from the date your file is closed.

What information do we need?

We need certain information in order to deliver support to clients with multiple and complex needs. In order to provide these functions, it is necessary for the council to collect, store and process personal data such as your name, address, email address, and health records relating to clients, and other people connected with a case.

Why we need it?

We need to process your personal information in order to identify suitable support and advice. This includes Interventions, Signposting to partner support agencies, and ensuring the safety and wellbeing of the client. We also provide an advice service.

Our lawful basis for holding your personal data is “for performance of a task carried out in public interest and official authority”

Our lawful basis for holding your special category data is ‘explicit consent’

We are the “data controller” in relation to this data.

Do we share your information?

We do not trade personal data for any commercial purpose. We will only disclose your personal information if we have a lawful basis to do so or if we have your consent.

We may check information you have provided with your doctor, support worker, or social services in order to ensure the accuracy of the information, to prevent or detect fraud or to protect public funds.

We may also share your information with other service providers to provide you with additional support. We may also share your information with our emergency and temporary accommodation providers to assist with your placement into temporary accommodation.

In exceptional circumstances, we will always disclose information to agencies, ie, where you pose a serious risk to yourself or others. The intention is to ensure your safety and the safety and wellbeing of others.

How long do we keep your information?

We will hold your information on a secure database and will hold your personal data for no longer than 7 years after your case is closed.

What information do we need?

In order for us to assess applications for the licensing of Houses in Multiple Occupation (HMO), we need to hold information as part of the application process which includes the following personal information:

  • Name and address of license holder
  • Name and address of the person managing the licensed HMO or house

Why we need it?

Torbay Council requires the information provided as part of the application form to assess whether a HMO Licence can be granted and in order to maintain and publish a Public Register of Licensed HMOs.

The lawful basis for processing is necessary for compliance with a legal obligation we are subject to as follows:

  • The Housing Act 2004
  • The Management of Houses in Multiple Occupation (England) Regulations 2006
  • Licensing and Management of Houses in Multiple Occupation and other Houses (Miscellaneous Provisions) (England) Regulations 2006

Do we share your information?

We do not trade personal data for any commercial purpose.  However, as well as sharing information collected on the application with Devon & Somerset Fire and Rescue Service, Devon and Cornwall Police, Planning, Financial Services and other named relevant persons as defined in the Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006 Section 7 (9) for the purpose of processing the application, we are required to hold and maintain a Public Register of HMOs which will be made publicly available on our website.  The Register will contain the following personal information:

  • the name and address of the licence holder
  • the name and address of the person managing the licensed HMO or house

Outside of the above, we may disclose your personal information where another lawful basis applies, for example for the prevention and detection of crime.

How long do we keep your information?

Application forms will be retained indefinitely. The public register will be updated regularly and expired licence holders details will be removed. Your personal information will not be subject to any overseas transfers.