Guidance

Animal by-products privacy notice

Updated 19 March 2024

Applies to England, Scotland and Wales

Your data is being collected by

The data controller is the Department for Environment, Food and Rural Affairs (Defra) for personal data that you give to the Animal and Plant Health Agency (APHA).

APHA is an Executive Agency of Defra. You can contact APHA’s Data Protection Manager by email at: data.protection@defra.gov.uk.

APHA also works with the Scottish Government and Welsh Government, who are joint controllers with APHA for any relevant personal data.

Any questions about how Defra and APHA are using your personal data and your associated rights should be sent to APHA’s Data Protection Manager by email at: data.protection@defra.gov.uk.

The Data Protection Officer responsible for monitoring that Defra and APHA are meeting the requirements of the legislation can be contacted by email at: DefraGroupDataProtectionOfficer@defra.gov.uk.

What personal data is collected

We collect the following items of personal data:

• name
• address
• contact details.
• your financial details for invoicing purposes
• details of activities carried out involving the transport, use or processing of animal by-products for which you are an appointed named responsible person.
• contact details of third parties whom you collect animal by-products from, or transport to, for the purposes of traceability
• records of APHA visits and their results

Your personal data may also be present in data we have collected from third parties whom you have traded with for the purposes of traceability.

Why APHA is using your data

Personal data is collected relating to approval and registration of animal by-products (ABP) businesses in order to assess compliance with the requirements of EU legislation EC1069/2009 and EU142/2011. This data forms the basis of the approval and registration application and is used to support ongoing risk-based inspections of the operation.

Body worn video may be used when necessary for the safeguarding of APHA customers and employees.

Article 47 of EU legislation EC1069/2009 (ABP regulations) requires member states to maintain a list of establishments, plants and operators which have been approved or registered. Technical specification document (SANCO/7177/2010/rev2) stipulates the data that needs to be displayed and includes the approval or registration number of the operator, name, address (town or region), category of ABP handled, the approved or registered activity and the nature of the product produced.

The article requires this information to be made available to the Commission and other member states and is made available on the APHA website.

More information about APHA can be found at www.gov.uk/apha

The legal basis for processing your data

Legal basis for processing include:

• 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
• processing is necessary for compliance with a legal obligation to which the controller is subject

Consequences of not providing the necessary data

For statutory and public interest purposes it is necessary to provide data as stated in the relevant legislation.

For a current list of legislation managing animal by-product operations please visit legislation.gov.uk.

Personal data used for automated decision making

The information you provide is not connected with:

• individual decision making, in other words making a decision solely by automated means without any human involvement
• profiling, in other words automated processing of personal data to evaluate certain things about an individual

Who APHA shares your data with

Personal data may be made available to local authorities and other public bodies in the UK and EU to meet legal requirements.

We may share data with Defra and its agencies, Welsh Government, Scottish Government, Food Standards Agency, Public Health, and other organisations and enforcement authorities.

We may have to release information (including personal data and commercial information) under the following legislation:

• UK General Data Protection Regulation (UK GDPR)
• Data Protection Act 2018
• Freedom of Information Act 2000
• Environmental Information Regulations 2004

We will not allow any unwarranted breach of confidentiality and we will not act in contravention of our obligations under UK data protection legislation.

Storing and using data outside the UK

A very small percentage of government records containing personal information are selected for permanent preservation at the National Archives. They are made available in accordance with the Freedom of Information Act 2000, as amended by the Data Protection Act 2018.

The data you provide will largely not be transferred outside of the UK. On rare occasions, when it is lawful and complementary to our work carried out in the public interest, research data may be transferred securely outside of the UK.

How long APHA holds personal data

Retention periods are set by considering statutory, regulatory, legal, and security reasons, alongside historic value.

All information in APHA is held in accordance with our retention policy. If you would like more information contact enquiries@apha.gov.uk.

Your rights

Find out about your rights under data protection law.

Complaints

You have the right to lodge a complaint about the use of your personal data at any time with the Information Commissioner’s Office (ICO – the data protection supervisory authority).

APHA’s personal information charter

APHA’s personal information charter broadly sets out details of Defra’s processing of personal data.