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Lawfulness of processing

The council as an enforcement agency has a lawful basis for processing data for the purpose of investigating environmental offences and taking legal action including the service of fixed penalty notices. The lawful exercising of such powers is confirmed in the General Data Protection Regulation 2018 in Article 6(1)(e). The 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; and Article 6(1)(c). The processing is necessary for compliance with a legal obligation.

The council has many statutory powers, those pertaining to this enforcement are under the following Acts:

  • The Environmental Protection Act 1990 as amended
  • The Anti-Social Behaviour Crime and Policing Act 2014
  • Town and Country Planning Act 1990 as amended by the Anti-Social Behaviour Act 2003.
  • Highways Act 1980
  • The Health Act 2005

This is the main list of Primary Legislation being enforced under this privacy notice.

This would include the enforcement of any regulations and statutory instruments made under these Acts.

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