Who will own my data once I submit it?
Knowsley Council
Why do you need my information?
The information is required as part of investigations in relation to statutory breaches of legislation that relates to tobacco products.
Officers will have access to an App that has been developed on behalf of HMRC which when scanned will determine if a tobacco product carries a required unique identifier. Absence of this would indicate that the product is not a genuine product.
In such instances, officers will provide this information under a memorandum of Understanding to His Majesties Revenue and Customs to enable appropriate sanctions (including civil penalties) against the supplier to be undertaken.
What allows you to use my information?
Schedule 5 of the Consumer Rights Act 2015 provides officers with general investigative powers and powers to request information in relation to suspected illicit tobacco.
Regulation 24 A (2) of the Tobacco Products (Traceability and Security Features) Regulations 2019 as amended enables information obtained about the security features and unique identifiers on tobacco products to be passed to HMRC.
UK General Data Protection Regulations (UK GDPR) Legal Basis:
Article 6(1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Who will my information be shared with?
The information gathered will be shared with officers of HMRC.
Do I have to provide this information and what will happen if I don’t?
This information is required in relation to the statutory functions of officers to investigate alleged breaches of legislation in relation to tobacco products.
Specifically, paragraph 36 of Schedule 5 to the Consumer Rights Act 2015 creates an offence of obstruction which would include failure to provide information reasonable required of an officer in the course of his/her duties.
How long will you keep this data for and why?
The information will be kept for the statutory retention time which will be 6 years which is the time limit for civil actions.
How will my information be stored?
Information will be stored electronically under a property reference on the Council’s IDOX database.
A paper record in the form of an inspection report will be maintained by the investigating officer and disposed of securely when the matter has been referred to HMRC.
Will this information be used to take automated decisions about me?
No
Will my data be transferred abroad and why?
No
What rights do I have when it comes to my data?
Under the Data Protection Act (DPA) 2018/ UK General Data Protection Regulation (UK GDPR), you have the following rights with regards to your personal data: -
- The right to subject access – you have the right to see a copy of the personal data that the council holds about you and find out what it is used for
- The right to rectification – you have the right to ask the council to correct or remove any inaccurate data that we hold about you.
- The right to erasure (right to be forgotten) you have the right to ask the council to remove data that we hold about you
- The right to restriction – you have the right to ask for your information to be restricted (locked down) on council systems
- The right to data portability – you have the right to ask for your data to be transferred back to you or to a new provider at your request
- The right to object – you have the right to ask the council to stop using your personal data or to stop sending you marketing information, or complain about how your data is used
- The right to prevent automated decision making – you have the right to ask the council to stop using your data to make automated decisions about you or to stop profiling your behaviour (where applicable)
To find out more about your rights under the DPA 2018/UK GDPR, please visit the Information Commissioner’s website.
To request a copy of your data or ask questions about how it is used, please download a copy of our form and send it to: -
Data Protection Officer
Knowsley Council
Municipal Building
Archway Road
Huyton
Liverpool
L36 9YU
Or email: [email protected]
Who can I complain to if I am unhappy about how my data is used?
You can complain directly to the Council’s Data Protection Team by writing to: -
Data Protection Officer
Knowsley Council
Municipal Building
Archway Road
Huyton
Liverpool
L36 9YU
Or email: [email protected]
You also have the right to complain to the Information Commissioner’s Office using the following details: -
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.org.uk