1. Home
  2. About SEPA
  3. How we work
  4. Privacy notice
  5. Reason for contacting us

Back to Reason for contacting us

Publication of Monetary Penalties

Table of contents
Select a section to jump to:
Select a section to jump to:

Purpose and lawful basis for processing

This privacy notice explains how we collect and use your personal information when we publish information about you in accordance with our Policy for Communicating Penalties and Undertakings.

The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 gives SEPA a range of enforcement measures.

  • Fixed Monetary Penalties (FMP)
  • Variable Monetary Penalties (VMP)
  • VMP Undertakings
  • Enforcement Undertakings

The legislation imposes obligations on us to publish the number and type of cases in which these measures are imposed or accepted.  In addition, we have been given discretion by the Order to publish more detailed information relating to penalties.

We must have a lawful basis for processing your information.  In this case, processing is carried out under the Data Protection Act 2018, Part 3, Section 35(2)(b) – Law Enforcement purposes.

What we need

The information we publish will include:

  • Name and partial address of individuals on whom an FMP, VMP or VMP Undertaking is imposed
  • Details of the offence/breach
  • Final Notice (redacted to show name and partial address only). This will contain:
    • The basis for SEPA being satisfied that an offence has committed by the individual
    • Details of how we have calculated the penalty
    • Compliance history

Why we need it

To comply with our obligations under the The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015.

What we do with it

We will use your information to publish details of offences where a monetary penalty has been imposed, or where a VMP Undertaking has been accepted.  

We will also publish details of Enforcement Undertakings accepted by us but the information we publish will not include the names or addresses of individuals.

How long we keep it

In accordance with our Policy, details of penalties which we publish will remain publicly available on our website for a period of 6 years, after which time information will be removed and all that will remain published is the number and type of cases for each year.

What are your rights?

For information on your rights, please see ‘Your data protection rights’.

Do we use data processors?

No

Do we share your information?

We will publish this information on our website.  We may also publicise our successful outcomes via appropriate media and communications platforms, which may include SEPA Facebook, SEPA Twitter, LinkedIn, and other media publications.