Licensing Services privacy notice

Who we are and what we do

Harlow Council is a data controller under the General Data Protection Regulation (GDPR).  This means we need to collect your personal data so we can carry out our statutory duties, including responding to customer complaints and enquiries, carrying out investigations, issuing licenses and permits, and carrying out inspections and enforcement. We will only collect the personal data from you that we need to do this. For further details or to complain about any aspect of data protection, the contact details for the council’s Data Protection Officer are:

Data Protection Officer
Harlow Council
Civic Centre
The Water Gardens
Harlow, Essex
CM20 1WG

data.protection@harlow.gov.uk

The type of personal data we collect

To administer our services, we collect all or some of the following personal data:

  • name
  • address
  • date of birth
  • phone number
  • email address
  • National Insurance number
  • information received from third parties.
  • signature
  • images
  • health information
  • criminal record and driving offences details
  • qualification records
  • bank details
  • agent contact details (if applicable)
  • full address of the property or pitch location
  • next of kin details for street trading licence holders
  • registered assistant details for street trading licence holders

How we get the personal information

Generally, the information we hold will have been provided by you (on an application or enquiry form or when we communicate with you), but we may also hold information provided by third parties where this is relevant, for example, complainants, statutory bodies, consultees, local government organisations and other council departments.  We will only ask for personal data that is appropriate to enable us to deliver our services. In some cases, you can refuse to provide your details if you deem a request to be inappropriate. However, you should note that this might affect our ability to provide some services to you.

Why we need your information and how we use it

Our purpose in collecting and using data is to operate as a statutory body carrying out a public task. The most common things we use personal data are to:

  • help us determine applications
  • help us carry out inspections
  • investigate complaints and enquiries
  • write reports and make decisions
  • undertake enforcement action

We use your personal data so we can get in touch, or to ensure the public with whom you may work are safe. We can also use your personal data under many different pieces of legislation.  In many cases there is legislation that says we must or we can process your data and we can do so without your consent or permission. In some instances (for example, when checking medical fitness reports) we will need to refer your data to a third-party organisation. These third-party organisations must keep your details safe and secure and use them only for this purpose.

The Licensing Service uses various kinds of information including personal data and occasionally special categories data (previously called sensitive personal data).

If you are submitting supporting information, which you would like to be treated confidentially or wish to be specifically withheld from the public register, please let us know as soon as you can – ideally in advance of submitting the application.

You can do this by letting us know during enquiries, the application process or by contacting licensing@harlow.gov.uk

The council publishes licensing applications on its website, which includes the applicant or agent’s name and address. However, we will redact the personal data you have provided, including your addresses, signature, email addresses and telephone numbers so these are not visible to the public and only to the council’s licensing department. Agent details are not normally classed as personal data therefore will be visible to the public.

Comments on licence applications submitted to the Licensing Section

Comments include material considerations, which we consider when determining licence applications. All comments provided by you are held on our system along with your contact information, if it has been provided.

To be transparent as a local authority, we normally publish the full text of the comments you have provided, and this full text is published on our public facing website.

We will provide your comments in the Licensing Sub-Committee reports published on our website and circulated to all interested parties prior to the hearing.

We will redact your name, address and email address, unless you wish to disclose these details for the benefit of the Sub-Committee. However, you should not provide any personal data or special categories (previously called sensitive personal data) about yourself in these comments which can identify you to anyone else. If you do so, you must be aware that these may be seen by the public at large. You should also not write anything defamatory about other individuals or provide their personal data without their consent.

Who your information will be shared with

We do not share your information with anyone else, unless this is supported by the law, or it is necessary to enable us to provide our services to you.

We may need to share relevant information with other council services including:

  • Housing
  • Revenues and Benefits
  • Safeguarding
  • Streetscene
  • Insurance
  • Community Safety
  • Legal Services

We may also share your information where it is relevant to your enquiries, service request or licence with other bodies such as:

  • Food Standards Agency
  • Environment Agency
  • DEFRA
  • Home Office
  • Essex County Council
  • relevant housing association
  • Essex Fire and Rescue
  • police
  • Public Health England
  • National Fraud Initiative (for the purpose of preventing and detecting fraud)
  • HMRC
  • Health and Safety Executive
  • mortgage providers
  • other local authorities
  • Disclosure and Barring Service
  • DVLA

Some information provided to us we are obliged under the regulations to make available on public registers.  

What is the legal basis for processing your personal data?

Under the GDPR, the lawful bases we rely on for processing this information is outlined in article 6(1) (e) - Public Task. The processing is necessary for the data controller to perform a task in the public interest or for official functions and the task or function has a clear basis in law. Special category data includes information about race, ethnic origin, politics, religion, trade union membership, genetics, biometrics (where used for ID purposes), health, sex life, or sexual orientation. Criminal offence data includes personal data relating to criminal convictions and offences, or related security measure.

How long we keep your personal information

As a matter of principal, all personal information will be held securely and will only be retained electronically for as long as is necessary for the purpose for which it was provided.

Where it is no longer necessary to hold your information, it will be securely destroyed.

More detailed information on our retention periods is available in the council’s records retention policy on our main privacy notice page.

Your rights

You have the right to:

  • ask us for copies of your personal information
  • ask us to rectify personal information you think is inaccurate and ask us to complete information you think is incomplete
  • ask us to erase your personal information in certain circumstances
  • ask us to restrict the processing of your personal information in certain circumstances
  • object to the processing of your personal information in certain circumstances
  • ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

How to complain

You can complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:         

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113