The categories of the information that we collect, process, hold and share include:
Name and contact details for the following categories of data subject:
- responsible person of a business/commercial premises (on behalf of the business/organisation in question)
- landlord / property owner
- licensee held under various the Licencing legislation
- those subject to prosecutions under the Regulatory Reform Fire Safety Order (RRFSO) 2005 and Fire Services Act 2004
- members of staff that work on behalf of 3rd party organisations involved in the business fire safety process (such as councils, surveyors, architects, solicitors, law enforcement bodies and other agencies)
- members of the public that raise business fire safety concerns or who may contact us for advice
Why we collect and use this information
To ensure that we meet our statutory obligations for fire prevention to enable us to facilitate our Fire Service business safety process on behalf of Avon Fire Authority, to include (but is not limited to):
- business/commercial premises audits and inspections
- to deal with public concerns and advice regarding fire safety
- RRFSO notices issued for alternations, prohibitions, enforcement and prosecutions (including Simple Cautions), which is publically available via the National Fire Chiefs Council (NFCC) website http://www.cfoa.org.uk/notices-register
- under various Licensing legislation, Avon Fire Authority is nominated as an interested party, which may require us to conduct a premises audit in some circumstances
- promotion of fire safety advice and practices
- to ensure that our premises records remain up to date
Any personal information obtained for the purpose of carrying out fire safety activities will only be used for this purpose unless other legislation dictates or further processing is necessary for the performance of a task carried out in the public interest or for Avon Fire Authority to exercise its official duty as a public function.
In the event of any investigation of fraud or other criminal activity, the Authority has a duty to disclose personal data to the relevant authorities and/or external providers (such as legal representatives) appointed by the Authority.
The lawful basis on which we use this information
Our lawful reason to collect and use this personal information is that it is necessary for the performance of a task carried out in the public interest or for Avon Fire Authority to exercise its official duty as a public function (GDPR Article 6 (1) e) for the delivery of:
- fire safety activities and prosecutions carried out under the Regulatory Reform Fire Safety Order (RRFSO) 2005 https://www.gov.uk/government/collections/fire-safety-law-and-guidance-documents-for-business
- fire safety prevention activities and providing advice under Section 6 of the Fire Services Act 2004 https://www.legislation.gov.uk/ukpga/2004/21/section/6
Collecting this information
Any personal information obtained for this process will be either provided by the individual themselves, from the organisation subject to the business safety activity or from other legitimate sources. Any written correspondence that is sent in relation to business safety activities will signpost to the addressee where they can obtain a copy of this Privacy Notice and related policies.
Storing this information
Any personal information will be held electronically against the premises ID on our Community Fire Risk Management Information System (CFRMIS). The retention of this data will be dictated by the reason for its use, such as audits and inspections for up to 10 years (in line with good practice), or once the information is no longer relevant for purpose, such as change in details for responsible person, change of use for premises or the premises are subject to a new audit.
Prohibitions and enforcements will remain on our records and on the NFCC website until they are complied with or lifted, they will then remain for 3 years.
Any personal data held for the purpose of Simple Cautions will be retained by the Authority for 6 years in line with the Authorised Professional Practice (APP) management of police information guidelines and Criminal Procedure & Investigations Act (CPIA).
Any personal information held in emails, letters or other paper files will be scanned into the above system against the premises ID and paper copy securely shredded. All information security controls, document retention and practices are as per the associated AF&RS policies.
Who we share this information with and why
- Any other organisations involved in the business fire safety process, to include (but is not limited to) Councils, surveyors, architects, solicitors, Law Enforcement bodies, Licencing bodies and other agencies.
- National Fire Chiefs Council (NFCC) website for the publishing of the Authority’s public register. Please refer to their website for their own Privacy Notice.
Individual Information Rights
Please refer to the AF&RS data protection pages of our website for further information: https://www.avonfire.gov.uk/guide-to-published-information/data-protection-act/an-individual-s-rights-regarding-their-personal-information however, below is a brief summary in relation to personal information held for business fire safety activities:
- The individual has the right of access to what personal information we may hold for our business fire safety activities by contacting the AF&RS Data Protection team.
- In some circumstances, individuals who are subject to legal proceedings are unable to exercise all of their information rights, such as objection to processing and data erasure.
- The information held by AF&RS is not eligible for data portability or subject to automatic processing.
- If an individual is no longer acting as the responsible person for that organisation, or if the premises’ landlord and has sold the premises in question, please contact a member of the Technical Fire Safety team on 0117 926 2061, extension 8400, or by completing the online form below https://www.avonfire.gov.uk/business-safetyor by writing to us at Business Fire Safety Team, Avon Fire & Rescue Service, Patchway Fire Station, Rodway Road, Patchway, Bristol BS34 5PE