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Apply for an Authorisation under the Environmental Authorisation (Scotland) Regulations

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Purpose and lawful basis for processing

SEPA have a Statutory Purpose as Scotland’s independent environmental regulator. Our purpose for collecting your personal data is to determine whether to grant a new authorisation, or a variation, transfer or surrender of an existing authorisation for a regulated activity under the Environmental Authorisations (Scotland) Regulations 2018 (EASR).

The lawful basis we rely on to process your personal data is article 6(1)(e) of the UK GDPR, which allows us to process personal data when this is necessary to perform our public tasks as a regulator.

What we need

The personal information we collect and use, may include the following:

  • Name
  • Address including postcode
  • Email address
  • Telephone number

Why we need it

We need to collect personal information in order to verify:

  • The name and contact details of the applicant, or person applying on behalf of the applicant.
  • The applicant is authorised to request a variation or surrender of a regulated activity.
  • The applicant is a fit and proper person who has, or will have, control of the regulated activity.
  • The name and contact details of person we should contact about charges and where to send invoices.
  • The name and contact details of all current directors and company secretaries.

What we do with it

Some of the ways that we collect and use the information may be through:

  • Granting and administering authorisations.
  • Maintaining and publishing public registers.
  • Investigating environmental complaints.
  • Undertaking formal enforcement action.
  • Maintaining our own accounts and records.

How long we keep it

We will only retain your personal information for as long as it is required for the legal basis noted above. Thereafter, your data will be confidentially destroyed.

What are your rights

You have the right to object to our processing of your personal data. SEPA will consider the objection, and in some cases SEPA is entitled to refuse your objection. This will be in circumstances where we have a legitimate reason for processing your personal data.

For more information on your rights, please see ‘Your rights as an individual’. 

Do we use data processors?

No

Do we share your information?

SEPA are required by law to organise and maintain public registers and make these registers available for public inspection. We do this by collecting and using the personal information that applicants (or their agents) share in their applications. After the application form has been processed, some of the information from the form is added to the public register and becomes available for public inspection. Personal email addresses, and telephone numbers are not published, unless publication is statutorily required. 

There may be occasions when we are required by law to share your personal information with other organisations, e.g. for regulatory reasons, or because doing so is in the general public interest. Any sharing will be carried out lawfully and securely in accordance with the SEPA Data Protection Policy

Commercial Confidentiality & National Security statement

We are obliged to compile and maintain public registers as part of our statutory duties.  Information provided by applicants for EASR authorisations will be included on the register.

You have the right to apply at any time for your information to be excluded from the public register on the grounds of commercial confidentiality or national security.  

Information that the Secretary of State or Scottish Ministers has directed may affect national security will not be included on the public register.  If you believe information in your application or publication on the public register may affect national security, but there is no direction, you should notify the Secretary of State or Scottish Ministers of your concern.

We may consider information commercially confidential if you can demonstrate it would harm your business’s competitive position. If we do not determine information to be commercially confidential, you can appeal this decision with Scottish Ministers.

Any information excluded from the public register ceases to be commercially confidential four years after the date of determination.  You can apply to SEPA to extend this period.