Your data: Trading Standards complaints and advice

Why and 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 & NVP Registration & Enforcement
  • Petroleum Certification & Licensing

The Scottish Government has taken legislative powers to address the public health emergency arising from COVID-19. Amongst the powers detailed in The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020, local authorities are the main regulator for retail, wholesale distribution and warehousing, hotel and catering premises, offices, and the consumer/leisure industries, including the requirements of physical distancing on these premises.

Aberdeen City Environmental Health and Trading Standards Servicesare working together to support both consumers and businesses during Covid-19 and ensure regulations are followed and to take enforcement where necessary.  

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’s Service, Food Standards Scotland, Police Scotland, the Health and Safety Executive, Other LA Trading Standards Authorities, 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. 

Your rights

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. Please contact the Council’s Data Protection Officer by email DataProtectionOfficer@aberdeencity.gov.uk or in write to:
Data Protection Officer
Marischal College
Aberdeen
AB10 1AB

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 legal basis for processing is Part 3 of the Data Protection Act 2018. This is because we are Competent Authority due to our statutory functions to enforce Consumer Protection and Trading Standards legislation. 

In other situations, where are investigating civil breaches, our legal basis for processing your data is because it is part of our public task as a local authority 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: 

Legal basis for processing 

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.

Part 3 of DPA2018: The processing is necessary for the performance of a task carried out for one of the Law Enforcement Purposes by a Competent Authority.

UK GDPR: Part of our public task 

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.

UK GDPR: Part of our public task 

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.

UK GDPR: Part of our public task 
 

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.

The processing is necessary for the performance of a task carried out for one of the Law Enforcement Purposes by a Competent Authority.

UK GDPR: Part of our public task 
    

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 & Protection concerns about the victim.

To prevent further crime and to safeguard individuals. 

To fulfil our statutory duties & 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.

UK GDPR: legal obligation under Adult Support & Protection law


 

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.

The processing is necessary for the performance of a task carried out for one of the Law Enforcement Purposes by a Competent Authority.

UK GDPR: Part of our public task

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.

The processing is necessary for the performance of a task carried out for one of the Law Enforcement Purposes by a Competent Authority.

UK GDPR: Part of our public task.
 

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. The processing is necessary for the performance of a task carried out for one of the law enforcement purposes by a competent authority.
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