Privacy Notice

Who is the Controller?

The Department of Environment, Food & Agriculture (DEFA) is registered with the Information Commissioner as a Controller.

The Department takes its responsibilities in relation to your personal information very seriously and makes every effort to ensure it is secure and not used for any purpose incompatible with that for which it was originally collected.

If you have any concerns or questions about how the Department deals with your personal information please contact our Data Protection Officer on 686781 or by email at DPO_DEFA@gov.im

Definitions

• ‘personal data’means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
• ‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
• ‘Processor’ means a natural or legal person (other than an employee of the Department), public authority, agency or other body which processes personal data on behalf of the controller.

Why do we collect your Personal Information?

We collect and process information, including your Personal Information in order to carry out our statutory functions such as to administer planning applications, to protect the environment, to protect individuals in places of work, etc.

How is your Personal Information collected?

Your Personal Information may be collected:

• Through organisations making statutory reports or notifications
• Over the telephone when you call to make a complaint or report a concern
• As part of an investigation into an accident or complaint
• As part of consultations

Who do you share my personal information with and why?

Your Personal Information may be shared with the bodies listed below in the public interest on the basis of the legislation listed below.

We use a shared system for receiving statutory reports from duty holders with Environmental Health colleagues

We will very occasionally share the information you provided with other enforcement bodies in order to assist in our conducting an investigation. We have data sharing agreements in place with these bodies.

• Police
• Registrations and Inspections Unit, DHSC

What types of personal information are collected?

• Names, dates of birth and contact details.
• We may receive photographs whilst conducting investigations
• Medical information as part of investigations

What legal basis is used to process your personal information?

Your Personal Information is processed where this is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Department. The basis for this processing may be found in:

The Health and Safety at Work etc. Act 1974 (as applied to the Island)

In some instances we may process on the basis of your consent:

• Such as if you reply to a consultation

How long is your Personal Information kept?

Your Personal Information will be kept for:

• Information is retained for 3 years in case of any court action, either civil or criminal
• This information is then archived for a further 7 years in case of further complaints before being destroyed.
• The exceptions to this are laid down in specific legislation:
  • records where asbestos exposure has been possible records are retained for 40 years
  • radiation exposure where records are retained for 99 years

How is your Personal Information kept safe?

The security and confidentiality of your information is very important to us.

We will ensure that:

• Safeguards are in place to make sure personal data is kept securely.
• Only authorised staff are able to view your data.
• Whenever any processing of personal information is considered that has not been carried out before we will risk assess the entire process and consult the Information Commissioner’s Office if we determine there is any high risk to your information cannot be mitigated.
• Staff training in data protection is a continuous process and all new staff must undertake online training.

Automated processing

The Department does not carry out any automated processing.

What are your individual rights and choices are when sharing Personal Information with the Department?

You have a right to access your personal data to ensure that it is accurate, and to request that it is rectified, blocked, erased or destroyed if it is inaccurate.

To make any request relating to your data held by us, please contact our Data Protection Officer using the details below.

Guidance on making a Data Subject Access Request, when you can request copies of all the Personal Data held about you, can be found here

If you are not satisfied with the response you receive, you may also complain to the Information Commissioner, whose details can be found on www.inforights.im, or the relevant supervisory authority. You may have a right to other remedies.

Department of Environment, Food and Agriculture
Thie Slieau Whallian
Foxdale Road
St John’s
Isle of Man
IM4 3AS

Phone: +44 1624 686781
Fax: 01624 685851
E-mail: DPO-DEFA@gov.im

Contact

Report a Health and Safety Concern