How we use your information
Aberdeen City Council has a statutory duty to enforce various consumer protection and trading standards statutes which are designed to protect and promote the health, safety and economic wellbeing of residents and the businesses in the city and in so doing, the wider community beyond our boundaries.
Trading Standards also provides advice to consumers and businesses on their rights and responsibilities under these laws. These cover:
- Fair trading including the supply, pricing and description of goods and services.
- Anti-counterfeiting/illicit trade.
- Weights and measures.
- Product safety including explosives licensing.
- The sale of age restricted products such as tobacco and fireworks.
- Tobacco and NVP registration and enforcement.
- Petroleum certification and licensing.
- Animal feed business registration.
If you contact us to register a complaint or to ask for our advice, we will make a record of the information you give us, including your name, your address and the nature of the complaint, to allow us to carry out a comprehensive investigation of the issue you have raised with us and to keep a record of any advice we provided you with. This will also allow us to take the appropriate enforcement action, where necessary.
If you provide us with information, or we have received information about you from a third party, we will use the information provided, and may gather more from internal services such as Housing or Council Tax, for example. More information about the third parties that we receive information from is available in the table below.
Who we share personal information with
Where it is required by law, or necessary to carry out our statutory function, we will share your information with the Crown Office and Procurator Fiscal Service, Police Scotland, the Health and Safety Executive, other enforcing authorities or other council services. More information about this is available in the table below.
How long we keep your information for
This information will be stored electronically, and in some instances in hard copy, which we will keep for ten years, after which time it will be deleted. If information provided relates to the storage of petroleum spirit then this information will be held indefinitely, as is required by law.
You have legal rights about the way the Council handles and uses your data, which includes the right to ask for a copy of it. When we process your personal information to investigate criminal offences you will have fewer rights over your data. You can email the Council’s Data Protection Officer on DataProtectionOfficer@aberdeencity.gov.uk or in write to:
Data Protection Officer
See more information about all the rights you have. You also have the right to make a complaint to the Information Commissioner’s Office. They are the body responsible for making sure organisations like the Council handle your data lawfully.
Our legal basis
Aberdeen City Council is the Data Controller for this information. Wherever we process personal information we must make sure we have a basis for doing so under Data Protection law. When we process your information to investigate criminal offences, our basis for processing is Part 3 of the Data Protection Act 2018. This is because we have statutory functions to enforce Consumer Protection and Trading Standards legislation.
In other situations, we understand our basis for processing your data as Articles 6(1)(c) and 6(1)(e) of the General Data Protection Regulation. This is because we consider this activity to be part of our public task and something we must do under Consumer Protection and Trading Standards legislation.
More information about each of the processing activities we undertake and our legal bases for them are outlined in the table below:
|What we do||Why we do it||Legal basis|
|Receiving complaints or enquiries from members of the public about trading standards matters.||To carry out the law enforcement functions, prevent further crime and to safeguard individuals.||The processing is necessary for the performance of a task carried out for one of the law enforcement purposes by a competent authority.|
|Getting information about victim's or potential victim's name, address and contact details from the National Trading Standards Scam Hub database.||To carry out the law enforcement functions, prevent further crime and to safeguard individuals.||The processing is necessary for the performance of a task carried out for one of the law enforcement purposes by a competent authority.|
|Receiving referrals from other organisations including: businesses, consumer advice organisations, other Trading Standards services; Police Scotland and other enforcement agencies; Elected Members.||To carry out the law enforcement functions, prevent further crime and to safeguard individuals.||The processing is necessary for the performance of a task carried out for one of the law enforcement purposes by a competent authority.|
|Opening investigation case files and adding to it as investigation progresses.||To carry out the law enforcement functions, prevent further crime and to safeguard individuals.|
|Making referrals to Adult Social Work, where appropriate (where there are adult support and protection concerns) which may be relevant to the future prevention and detection of crime, and where Trading Standards Officers may have adult support and protection concerns about the victim.||
To prevent further crime and to safeguard individuals.
To fulfil our statutory duties and functions under the Adult Support & Protection (Scotland) Act 2007 and Social Work (Scotland) Act 1968 where adults may be at risk of harm or require social work support.
|Article 6(1)(c) and Article 6(1)(e) and of the GDPR.|
|Making case referrals to Police Scotland, where appropriate (this will be cases where the Council’s Trading Standards function is not the appropriate enforcement authority).||To carry out the law enforcement functions, prevent further crime and to safeguard individuals.|
|Making case referrals to other enforcement agencies and passing on information about our investigation.||To carry out law enforcement functions for which they have a statutory duty.|
|Making case referrals to the Crown Office and Procurator Fiscal Service (COPFS).||To raise criminal proceedings in court.||Only the COPFS is competent to raise criminal proceedings in Scotland.|
|Retaining closed investigation case files in accordance with the Council's records retention and disposal schedule.||To evidence that we have undertaken our law enforcement functions.|