Privacy notice – notification of a prohibited person database
The Food Standards Agency is known as the ‘Controller’ of the personal data provided to us.
What personal data do we hold?
The personal data we hold on you consists of: (name, business name, business type, premises address, date of order, date of offences and penalties, details of assumed names)
Where we get this personal data from?
The Food Standards Agency obtains this data from the relevant Competent Authority (CA), (local authority) taking the prosecution.
Why we need it
We collect this personal data for the purposes of enforcing the Food Law Code of Practice:
- In England: section 7.2.6 Action when a Hygiene Prohibition Order (HPO) has been made against a person (Regulation 7(4)).
- In Wales: section 126.96.36.199.1 Action when a Hygiene Prohibition Order has been made against a Person
- In Northern Ireland: section 6.2.6. Action when a hygiene prohibition order (HPO) has been made against a person (Regulation 7(4))
- In Scotland: section 3, sub section 16.5 Action when a Hygiene Prohibition Order has been made against a Person (Regulation 7(4))
We do this in line with the performance of our statutory duties (Article 6 (1)(e) of GDPR and Section 8 of DPA 2018. We will not collect any personal data on you which we do not need.
Where we process the data relating to convictions we do so, for reasons of substantial public interest in the exercise of our function as a government department and in line with our Data Protection policy and Schedule 1, Part 2 paragraphs (6) and (36) Data Protection Act 2018.
We may also analyse the data along with other information we hold about you and information we have obtained from public and/or private sources for the purpose of helping us evaluate risk. We do this in line with the exercise of official authority vested in us under the Food Standards Act and the performance of a task carried out in the public interest.
How and where we store your data and who we may share it with
We retain personal data only for as long as necessary to carry out these functions, and in line with our retention policy. This means that this data will be retained until:
- we have confirmed that the prohibition order is no longer in force
- any legal time limits relating to offences in connection with the order have expired
This personal data will be made available for CAs in compliance with FLCOP 7.2.6. The Food Standards Agency will sometimes share the data with other government departments, public bodies, and organisations which perform public functions to assist them in the performance of their official duties or when it is in the public interest. We may share the data as part of risk evaluation and analysis with public bodies or other organisations, such as Trading Standards and Port Health Authorities, for the same reasons.
For more information, please see the How and where we store your data and who we may share it with section in our Personal Information Charter.
We only hold your information for as long as necessary to perform our functions.
For more information on international transfers, please see the International transfers section in our Personal Information Charter.
For more information on EU Citizens Privacy Notice, please see the EU citizens section in our Personal Information Charter.
For more information on your rights, please see the Your rights section in our Personal Information Charter.
If you have any queries concerning this Privacy Notice, your personal information or any questions on our use of the information, please email our Data Protection Officer in the FSA, who is the Information Management and Security Team Leader using the address below.
Published: 1 February 2019
Last updated: 2 November 2021