Guidance

Index of Exempted Dogs: privacy notice

Published 25 November 2024

Applies to England, Scotland and Wales

This privacy notice explains how personal data is managed within the Index of Exempted Dogs (also known as the Index of Exempt Dogs).

If you have any queries about the content of this privacy notice, email dogsindex@defra.gov.uk. 

Section 1 of the Dangerous Dogs Act 1991 prohibits the owning, keeping, breeding, gifting and sale of 5 types of dog: 

• Pit Bull terrier 
• Dogo Argentino 
• Fila Brasileiro 
• Japanese Tosa 
• XL Bully 

The Index of Exempted Dogs (the Index) is operated by Defra as the regulator for the purposes of issuing exemption certificates. The enforcement agencies investigate breaches or potential breaches of law and undertake compliance checks for enforcement purposes.

The Index is a register of exempted prohibited dogs. Defra processes applications from owners in charge of a prohibited dog to obtain an exemption from the prohibition on possession following a Contingent Destruction Order (CDO) made by the court. Defra issues a Certificate of Exemption once all the necessary conditions have been met.  

Who collects your personal data 

Department for Environment, Food and Rural Affairs (Defra) is the controller for the personal data we collect: 

Department for Environment, Food and Rural Affairs
Seacole Building 
2 Marsham Street  
London 
SW1P 4DF 

If you need further information about how Defra uses your personal data and your associated rights, you can contact the Defra data protection manager at data.protection@defra.gov.uk or at the above address. 

The data protection officer for Defra is responsible for checking that Defra complies with legislation. You can contact them at DefraGroupDataProtectionOfficer@defra.gov.uk or at the above address. 

Defra processes applications from individuals in Scotland and Wales on behalf of the Scottish and Welsh Governments. We are joint controllers for any relevant personal data. 

What personal data we collect and how it is used 

We collect the following information when you apply to register a dog on the Index: 

• your name 
• your contact details 
• your date of birth 
• information about your dog(s) 

We will use your personal data for the following purposes: 

• processing your application 
• assessing your eligibility 
• issuing your Certificate of Exemption 
• for compliance with conditions set out in the CDO  
• to enable enforcement agencies to investigate breaches or potential breaches of law and undertake compliance checks for enforcement purposes.  

Lawful basis for processing your personal data  

The lawful basis for processing your personal data is for the performance of a task carried out in the public interest that is laid down by law in the legislation listed below. This legislation sets out Defra’s general purposes as the designated agency to discharge these functions. The task is the operation of the Index of Exempted Dogs for England, Wales and Scotland: 

• The Dangerous Dogs Act 1991  
• The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 SI No. 138 (for England and Wales)  
• The Dangerous Dogs Compensation and Exemption Schemes Order 1991 SI No. 1744 (for Scotland only)  
• The Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023  
• The Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023 

Consent to process your personal data 

The processing of your personal data is not based on consent. You cannot withdraw it. 

Who we share your personal data with 

We will share the personal data collected under this privacy notice with police forces, local authorities or other enforcement agencies in England, Scotland and Wales. This is to aid investigations concerning breaches or potential breaches of law, compliance checks and for enforcement purposes.  

We respect your personal privacy when responding to access to information requests. We only share information when necessary to meet the statutory requirements of the Environmental Information Regulations 2004 and the Freedom of Information Act 2000. 

How long we hold personal data 

We will keep your personal data for 15 years after the date of birth of your registered dog. Where the date of birth isn’t held, we will keep your personal data for 15 years after the first court order was issued.  

What happens if you do not provide the personal data 

If you do not provide the data requested, we will not be able to process your application to obtain a Certificate of Exemption for your dog. You will therefore fail to meet the terms of the CDO and your dog may be destroyed. 

Use of automated decision-making or profiling 

The personal data you provide is not used for: 

• automated decision making (making a decision by automated means without any human involvement) 
• profiling (automated processing of personal data to evaluate certain things about an individual) 

Transfer of your personal data outside of the UK 

We will only transfer your personal data to another country that is deemed adequate for data protection purposes. 

Your rights 

Based on the lawful processing above, your individual rights are: 

• the right to be informed 
• the right of access 
• the right to rectification 
• the right to restrict processing 
• rights in relation to automated decision making and profiling 

Read more information about your individual rights under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). 

Complaints 

You have the right to make a complaint to the Information Commissioner’s Office at any time. 

Personal information charter 

Our personal information charter explains more about your rights over your personal data.