Environmental Enforcement Fair Processing Notice

Why do we collect and keep your personal information?

We collect and use your personal information so that we can investigate occurrences of environmental crime including illegal fly tipping and where necessary pursue enforcement actions either by serving our right to issue fixed penalty notice or by prosecuting individuals.

The Processing of your data is:

• Because it is necessary for the performance of this public task to do so
• Because we have a legal obligation to do to

How Information about you is used.

The information that you provide will be processed according to the Environmental Protection Act 1990, the Control of Pollution Act (Amendments) 1989 and in line with the Police And Criminal Evidence Act 1984, the Data Protection Act 2018 (inc UK GDPR) and the Regulation of Investigatory Powers Act 2000.

In order to achieve this, information may be shared with other internal departments within Boston Borough Council and its partners for delivery - Enfortis and L A Support our enforcement partners, the DVLA to reference identify subjects from car registrations, and PSPS Ltd who undertake our customer services delivery. We will not make any disclosures to third parties for marketing purposes. We will make any disclosures required by law and we may also share this information with other bodies responsible for auditing/administering public funds to ensure money is targeted and spent in the most appropriate and cost effective way. Your data will be secure and confidential at all times and we will only collect the personal information that is required to investigate illegal fly tipping and take the necessary and appropriate enforcement or prosecutions actions.

How long do we keep hold of your information?

We will retain the information collected and provided for 6 years after last action, and for 10 years for prosecutions and your information will be securely disposed of once it is no longer required.  Information collected (images) that does not result in enforcement activity is disposed of securely within 10 days.

Access to my personal information?

You can find out if we hold any personal information by making a subject access request under the Data Protection Act 2018 (inc UK GDPR). To make a request for any personal information we may hold, you need to send your request addressing it to: Data Protection Officer, Boston Borough Council, West Street, Boston, PE21 8QR or emailing data.protection@boston.gov.uk

Access to footage and images held by our processing partners Enfortis and L A Support may be accessed by contacting them on:

Enfortis                      boston@enfortis.co.uk
L A Support                boston.council@LASupport.co.uk

Your Rights in respect of your data.

Under the Data Protection Act 2018 (inc UK GDPR), you have rights as an individual which you can exercise in relation to the information we hold about you:

• The right of access - you are entitled to request access to and a copy of, information we hold about you.
• The right to rectification - you have the right to ask to have your information corrected.
• The right to restrict processing may apply - you may request that we stop processing your personal data however, this may delay or prevent us delivering a service to you. We will seek to comply with your request but may be required to hold or process information to comply with our legal duties.
• The right to object - this is not an absolute right and will depend on the reason for processing your personal information.
• The right to not be subject to automated decision-making and profiling.

Complaints or Queries.

Boston Borough Council understands its responsibility when being trusted to collect and use personal information. For this reason, we take any complaints we receive about this seriously. We encourage people to bring to our attention if they believe that our collection or use of information is unfair, misleading or inappropriate. This privacy notice does not provide exhaustive detail of all aspects of our collection and use of personal information.

However we are happy to provide any additional information or explanation needed. Any requests for this should be sent to the address below: Richard Steele, Data Protection Officer Boston Borough Council, West Street, Boston PE21 8QR, or by email data.protection@boston.gov.uk

If you want to make a complaint about the way we have processed your personal information, you can contact the Information Commissioner's Office as the statutory body which oversees data protection law: Information Commissioner's Office Wycliffe House, Water Lane Wilmslow, SK9 5AF Email caseworker@ico.org.uk Telephone No: 0303 123 1113