The purpose of processing
The purpose is to ensure food produced, handled, or sold within Bath and North East Somerset is safe to eat and correctly labelled.
We do this by:
• Registering/approving and inspecting food businesses
• Investigating complaints about food and food premises
• Investigating cases of food poisoning and cases of infectious diseases
• Sampling food
• Providing advice and guidance to food business operators, food handlers and members of the public
We do this by:
• Registering/approving and inspecting food businesses
• Investigating complaints about food and food premises
• Investigating cases of food poisoning and cases of infectious diseases
• Sampling food
• Providing advice and guidance to food business operators, food handlers and members of the public
Data subjects
Food businesses operators (registration, application)
Members of the public (food complaints, notification of infectious diseases, notification of food poisoning)
Personal data
If you are a food business operator (FBO), when we register/approve your business, we collect the following information from you:
• Your name
• Business name
• Address (including the address of the FBO if this is different to the business address)
• Telephone number (including the number of the FBO if this is different to the business number)
• Email address (including that of the FBO if this is different to the business email)
If you are making a complaint about food or a food business or if you are requesting advice, we collect the following information:
• Your name
• Your address
• Your telephone number
• Your email address (if applicable)
When we investigate cases of infectious diseases (including food poisoning), we collect the following information:
• Your name
• Your job or business name (if applicable)
• Your address
• Your date of birth
• Your telephone number
• Your email address (if applicable)
• Details of your employment (or in case of your child, their school details)
• Medical Information, including when you became ill, symptoms and duration of illness
• Names of family members or other close contacts, together with their employment or school details
• Places you have visited, eaten, or bought food from
We need to use the personal information we collect about you because:
• It is necessary for us to comply with our legal obligations and pursuant to the law as referred to above; and/or
• It is necessary for us to perform our official functions referred to above which has a clear basis in the law also referred to above
Special Category data
We may also collect, store and use the following "special categories" of more sensitive personal information:
• Information about your racial or ethnic origin (where we are dealing with infectious diseases)
• Information about your sex life and sexual orientation (where we are dealing with infectious diseases)
• Information about your health, including any medical condition, health and sickness records (where we are dealing with infectious diseases)
• Information about criminal convictions and offences (where we are dealing with food prosecutions
• Your name
• Business name
• Address (including the address of the FBO if this is different to the business address)
• Telephone number (including the number of the FBO if this is different to the business number)
• Email address (including that of the FBO if this is different to the business email)
If you are making a complaint about food or a food business or if you are requesting advice, we collect the following information:
• Your name
• Your address
• Your telephone number
• Your email address (if applicable)
When we investigate cases of infectious diseases (including food poisoning), we collect the following information:
• Your name
• Your job or business name (if applicable)
• Your address
• Your date of birth
• Your telephone number
• Your email address (if applicable)
• Details of your employment (or in case of your child, their school details)
• Medical Information, including when you became ill, symptoms and duration of illness
• Names of family members or other close contacts, together with their employment or school details
• Places you have visited, eaten, or bought food from
We need to use the personal information we collect about you because:
• It is necessary for us to comply with our legal obligations and pursuant to the law as referred to above; and/or
• It is necessary for us to perform our official functions referred to above which has a clear basis in the law also referred to above
Special Category data
We may also collect, store and use the following "special categories" of more sensitive personal information:
• Information about your racial or ethnic origin (where we are dealing with infectious diseases)
• Information about your sex life and sexual orientation (where we are dealing with infectious diseases)
• Information about your health, including any medical condition, health and sickness records (where we are dealing with infectious diseases)
• Information about criminal convictions and offences (where we are dealing with food prosecutions
How is it used?
To process applications
To confirm your identity
To contact you
To investigate complaints
To contact you in relation to food hygiene inspections, the investigation of complaints about your business and to keep you informed on new guidance or legal requirements
In the case of an infectious disease investigation, your information may be used to identify the source of the isolated case of illness to identify an outbreak
To send you communications that you have requested and that may be of interest to you i.e. Food Safety e-newsletter
Profiling and automated decision making
We use these techniques in this way to determine intervention data or a business’s next food hygiene inspection.
You have the right to request that automated decision making be reviewed and replaced by non-automated means (i.e. decisions taken by one of our expert Council officers). To exercise this right please email data_protection@bathnes.gov.uk
Legal basis for using your data
GDPR condition relied upon for processing personal data:
Article 6.1 c - legal obligation
Article 6.1 e - Exercise of official authority
• The Food Safety Act 1990 (as amended);
• The General Food Regulations 2004;
• The Food Safety and Hygiene (England) Regulations 2013 The Food Law Code of Practice (England)
• Retained Regulation (EC) No 853/2004 which lays down specific hygiene rules for food of animal origin;
• Retained Regulation (EC) No 852/2004 on the hygiene of foodstuffs
• Retained Regulation (EC) No 178/2002
• Retained Retained EC Regulation No. 2073/2005 on Microbiological Criteria for Foodstuffs
• Public Health (Control of Disease ) Act 1984
• Animal Feed (England) Regulations 2010;
• Animal By-products (Enforcement) (England) Regulations 2013;
• Beef and Veal Labelling Regulations 2010;
• Drinking Milk (England) Regulations 2008;
• Fishery Products (Official Controls Charges) Regulations 2007;
• Food Additives (England) Regulations 2009;
• General Food Regulations 2004 General Product Safety Regulations 2005;
• Genetically Modified Animal Feed (England) Regulations 2004;
• Materials and Articles in Contact with Food (England) Regulations 2012;
• Meat (Official Controls Charges) (England) Regulations 2009;
• Official Controls (Animals, Feed and Food) (England) Regulations 2006;
• Wine Regulations 2011;
• Food and Environmental Protection Act 1985;
• Official Feed and Food Control (England) Regulations 2009;
• Organic Products Regulations 2009;
• Spirit Drinks Regulations 2008;
• Trade in Animals and Related Products (England) Regulations 2011 (TARP).
• Retained Regulation (EC) No. 1169/2011 on the provision of food information to consumers
• The Food Information Regulations 2014
• The General Food Regulations 2004;
• The Food Safety and Hygiene (England) Regulations 2013 The Food Law Code of Practice (England)
• Retained Regulation (EC) No 853/2004 which lays down specific hygiene rules for food of animal origin;
• Retained Regulation (EC) No 852/2004 on the hygiene of foodstuffs
• Retained Regulation (EC) No 178/2002
• Retained Retained EC Regulation No. 2073/2005 on Microbiological Criteria for Foodstuffs
• Public Health (Control of Disease ) Act 1984
• Animal Feed (England) Regulations 2010;
• Animal By-products (Enforcement) (England) Regulations 2013;
• Beef and Veal Labelling Regulations 2010;
• Drinking Milk (England) Regulations 2008;
• Fishery Products (Official Controls Charges) Regulations 2007;
• Food Additives (England) Regulations 2009;
• General Food Regulations 2004 General Product Safety Regulations 2005;
• Genetically Modified Animal Feed (England) Regulations 2004;
• Materials and Articles in Contact with Food (England) Regulations 2012;
• Meat (Official Controls Charges) (England) Regulations 2009;
• Official Controls (Animals, Feed and Food) (England) Regulations 2006;
• Wine Regulations 2011;
• Food and Environmental Protection Act 1985;
• Official Feed and Food Control (England) Regulations 2009;
• Organic Products Regulations 2009;
• Spirit Drinks Regulations 2008;
• Trade in Animals and Related Products (England) Regulations 2011 (TARP).
• Retained Regulation (EC) No. 1169/2011 on the provision of food information to consumers
• The Food Information Regulations 2014
GDPR condition relied upon for processing special category data
Article 9.2 i - Public health
Sharing of personal data with external recipients
Your personal information may be shared with internal departments such as housing, trading standards, licensing or with external partners and agencies these will be primarily the Food Standards Agency and United Kingdom Health Security Agency.
There may be occasion where we share information with other government organisations such as the police and the fire service.
There may be occasion where we share information with other government organisations such as the police and the fire service.
How long is the personal data retained by the Council?
We will keep your information for as long as it is required by us or other regulatory bodies in order to comply with legal and regulatory requirements or for other operational reasons. In most cases this will be 6 years (Limitation Act 1980) from the date of the expiry of the information.