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Trading Standards

1. Purpose of the processing and the legal basis for the processing:

Fife Council Trading Standards uses your personal information in order to carry out our statutory duties. Your information will be used for the purposes of:

  • Investigation of criminal complaints and provision of advice in relation to consumer protection and trading standards legislation and Inspections and interventions under various pieces of legislation including but not limited to: the Consumer Protection Act 1987, Consumer Protection from Unfair Trading Regulations 2008, Consumer Rights Act 2015, Civic Government (Scotland) Act 1982, Enterprise Act 2002, Explosives Acts 1875 and 1923, Fair Trading Act 1973, Tobacco and Primary Medical Services (Scotland) Act and Weights and Measures Act 1985.  A full list of legislation can be found in the Scheme of Delegation
  • Responding to consultations from other council departments and external agencies

2. Categories of personal data processed by our Service :

The personal data we process consists of name, home and e-mail address, telephone number and details of the nature of the complaint/advice being requested.

When we process data from other services or agencies, such as licence applications, information in the format of witness statements then we have access to dates of birth, medical information and criminal convictions.

On occasion, we may also receive information from other Council services (e.g. Environmental Health, Council Tax) which may can contain sensitive personal data.

3. Recipient or categories of recipients of the personal data:

We will not disclose your information, including your name and address, to anyone else unless it is for the purposes set out in Part 9 of the Enterprise Act 2002. This means we are only permitted to share your information if;

1.            You give us your express permission to do so;

2.            Where we are required to do so by law;

3.            Disclosure is required for the purposes of criminal proceedings;

4.            Disclosure is required for the purposes of proceedings in a civil court.

Information may be shared with the following recipients:

  • Crown Office Procurator Fiscal Service
  • Police Scotland
  • Other Council Services
  • Social Services when there is a cause for concern
  • Other local authorities
  • Scottish Government
  • HMRC
  • Other enforcement agencies directly related to our work
  • Other Trading Standards authorities

4. The source the personal data originates from and whether it came from publicly accessible sources (including information gathered about third parties e.g. where we have gathered information about a third party during discussions with a service user):

We receive information about you from other local authorities and outside agencies such as Police Scotland or other Trading Standards authorities

We obtain information about you from publicly accessible sources such as open source e.g. online and the voters roll.

We may obtain information about you from you directly or from a third party who is acting on your behalf.

5. Whether the provision of personal data is part of a statutory or contractual requirement or obligation and the possible consequences of failing to provide the personal data:

In the event that we did not request and use this information then it would not be possible to carry out our statutory functions and determine whether criminal offences relating to a variety of consumer protection laws have been committed.  We need to process this information to allow us to carry out a comprehensive investigation of the issue you have raised with us and will keep a record of any advice we have provided you with.