Guidance

UK GI schemes privacy notice

Updated 31 March 2022

© Crown copyright 2022

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/uk-geographical-indications-privacy-notice/uk-geographical-indications-privacy-notice

Who collects your data

The data controller is the Department for Environment, Food and Rural Affairs (Defra).

If you have any questions about how Defra uses your data or your associated rights, email Defra’s Data Protection Manager: data.protection@defra.gov.uk.

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

The processing of your personal data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller. Your data is collected, processed and stored to enable Defra to exercise official authority as the competent body for the geographical indication (GI) schemes for:

  • agricultural products and foodstuffs
  • wine and aromatised wine
  • spirit drinks

What personal data is collected and how it’s used

Applications

If you are an applicant, either UK or non-UK based, the details you provide on the product specification and single document will be published on GOV.UK. You are advised to exclude all personal data (including person’s names, personal telephone numbers and email addresses). Personal data that is included is deemed to have been supplied pursuant to a legal process and is susceptible to due treatment for the purposes of managing a GI application and is liable to publication.

Verification

If you are a UK producer, your data is used to ensure compliance with the registered product specification and scheme rules. This includes:

  • verification that a product complies with the corresponding product specification
  • monitoring of the use of registered names to describe a product placed on the market

Where Defra has been unable to obtain the required contact details for product verification from you, these have been sourced either from information readily available online, or from the nominated inspection body for the protected product name.

Objections

If you are objecting to a request to add, change or cancel a product name protected under the UK GI scheme, Defra will use your personal data to process your objection. As part of this process, Defra will invite you, as the objector, and the GI applicant to engage with each other to try to reach a resolution.

The applicant will need to notify Defra of the outcome. If the application has been substantially amended as a result of the resolution, Defra will repeat the application scrutiny process.

If you do not reach a mutually agreeable resolution, Defra will make the final decision as to whether to register the product name.

Who Defra shares your data with

As part of the application process to register a protected name, the product specification and single document will be published on GOV.UK. If you are a UK producer using or applying to register a food or drink name protected by a GI in the UK, Defra will share your data with the inspection body for the protected name. This may include:

  • HM Revenue and Customs
  • the Food Standards Agency
  • Trading Standards or a nominated private control body
  • counterparts responsible for GI’s in devolved administrations in Scotland, Wales and Northern Ireland

If you are objecting to a GI application, your details will be shared with the applicant.

How long Defra holds personal data

Defra will keep your personal data for as long as you are producing a GI product. If you stop producing a protected product name, your personal data will be kept by Defra for at least 7 years, in line with its standard information retention policy.

What happens if you do not provide the data

If you do not provide your personal data, Defra will be unable to process your application, or confirm that your product is in compliance with a GI product specification. As a result, you may not be verified to use a protected name.

Use of automated decision-making or profiling

The information 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 data outside the European Economic Area (EEA)

As part of the application process to register a protected name, the product specification and single document will be published on www.gov.uk. Defra will not transfer your data outside the EEA.

Your rights

Find out about your individual rights under the General Data Protection Regulation (GDPR), the Data Protection Act 2018.

Complaints

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

Defra’s personal information charter

Defra’s personal information charter explains more about your rights over your personal data.

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