Health and Safety - Privacy Statement

A new data protection law was introduced on 25th May 2018. As a result, we've updated our Privacy Notice to make it easier for you to find out how we use, process and protect your information.

What information do we need?

Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:

Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT. 

Email:   or  

Telephone:  01546 604188 or 01546 605522    

Unless specifically agreed with you, we will only collect personal data about you which includes details such as your name, date of birth, employee number (for Council staff), address, e-mail address and telephone number unless information collected is in relation to employee health surveillance in which case we will collect information relating to your health in relation to hearing, skin protection or hand- arm vibration.

Why do we need this information?

We need this personal information to carry out one of the services listed in the table below.  If you do not provide this information then we will be unable to provide the appropriate service to you.  We will not collect any personal data from you which is not needed for delivery of those services. The table below provides the legal basis for collecting the information.

Legal basis for collecting the information
We need this personal data to undertake: Legal basis for collecting this information
Accident, Incident or Near Miss Reporting and Investigation

The Health and Safety at Work etc Act (1974) and enabled regulations.

  1. The Reporting of Injuries Diseases and Dangerous Occurrences Regulations (2013)
Health Surveillance Questionnaires, test results and letters

The Health and Safety at Work etc Act (1974) and enabled regulations.

  1. The Control of Substances Hazardous to Health Regulations (2002)
  2. The Control of Noise At Work Regulations(2005)
  3. The Control of Vibration at Work Regulations (2005)
Contractor health and safety vetting

The Health and Safety at Work etc Act (1974) and enabled regulations.

  1. The Management of Health and Safety at Work Regulations (1999)

When we collect your information for the purposes of employee health surveillance relating to your health e.g. hearing, skin protection or hand- arm vibration our legal basis for doing so will generally be –

  • For the management of health systems and services; or
  • For reasons of substantial public interest for aims that are proportionate and which contain appropriate safeguarding measures, or
  • In order to protect the vital interests of an individual; or
  • For the establishment, exercise or defence of legal claims or in the case of a court order.

What we will do with your information?

To undertake incident and accident investigations, contractor health and safety checks or health surveillance for Council employees as specified in tables 1 and 2 of this document.  In all cases we may share some information for the provision of Health and Safety services detailed in table 1 with other teams within Argyll and Bute Council and with the Council’s insurers (or claimants insurers or legal advisers) in the case of accident and incidents and with the Council’s Occupational Health Provider, insurers (or claimants insurers or legal advisers) or the National Health Service in relation to Health Surveillance.

You should also be aware that your data will be stored on servers located within the United Kingdom; the data will not be processed outside the European Union.  We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this can be provided on request to the Data Protection Officer

How long will we keep your information?

We will usually keep your information for a minimum of the number of years outlined in the retention period column in the table below for each service, after this period it will be destroyed under secure arrangements if it is no longer required for the reason for which it was obtained. 

Reason Information is Collected: Information Retention Period
Reporting Accidents, Incidents or Near Misses affecting Council undertakings to enable investigation to identify remedial actions to prevent future accidents harming people 10 years
To enable the health of employees to be monitored to proactively identify if employees health is beginning to deteriorate as a result of exposure to hazards in their work environments before significant health effects occur

Health records are kept for 75 years


To assess whether contractors bidding for work on Council contracts have adequate health and safety management systems and performance to give confidence that they can operate on Council undertakings without causing harm 3 years

More information on our retention schedule can be provided on request to the Data Protection Officer.

Automated Decision Making

The information you provide will not be used for automated decision making purposes.

Your Rights

When you provide information to the Council, you will have the following rights:

  • to withdraw consent at any time, where the lawful basis specified above is consent
  • to lodge a complaint with the Information Commissioner’s Office – see below for details
  • to request access to your personal data – please contact the Data Protection Officer if you wish to submit a request.
  • to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract
  • to request rectification or erasure of your personal data, as far as the legislation permits – please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased.

You can find out more about your rights in relation to data protection here: or from the Data Protection Officer by telephone or in writing, as detailed above.

Information Commissioner’s Office

The ICO is the UK’s independent body set up to uphold information rights. 

Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone:  0303 123 1113   

The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone:  0303 123 1115  

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