How the Health and Safety Executive will process personal data on behalf of the Welsh Ministers.
The Welsh Ministers have entered into an agreement with the Health and Safety Executive (“HSE”) to undertake the Welsh Ministers’ Building Control regulation functions introduced by the Building Safety Act 2022, by amendment of the Building Act 1984, except for regulation of Local Authority Building Control.
This agreement will require HSE processing personal data on behalf of the Welsh Ministers. The Welsh Ministers will be the Data Controller and the table below provides details of the processing to be undertaken by HSE when carrying out the functions.
Types of personal data to be processed
Personal and special category information that will be collected is as follows:
For Registered Building Inspectors the following personal data will be processed
- Email address(es)
- Date of birth
- National Insurance Number
- Home address
- Telephone number(s)
Building Inspector Class
- Registration Class selection
- Restricted Activities
- Categories of work
- Country of work
- Independent Assessment status
- Assessment organisation
- Assessment certificate number
- Date of assessment
Professional memberships and employment
- Professional body membership
- Name of professional body
- Membership number
- Membership level
- When current level of membership was achieved
- Employment type (public sector/private sector/consultant or other employment/unemployed)
- Employer name
- Employer address
- List of tick boxes individual needs to acknowledge the need to comply with
Pay fee and submission
- Payment details
For Registered Building Control Approvers the following personal data will be processed
- Contact address
- Contact telephone number
- Work Email
- Position in the business
Company Structure and Key Personnel conflict of interest
- Names of current owners/directors
- List of any other relevant companies the owners/directors are directors of or hold any interests in
- Name(s) of any owners/directors who are registered as a class 4 RBI
- Details of any relevant criminal convictions the owners/directors or business have
Declaration of RBIs
- List of RBIs employed by RBCA
Identification of the geographical distribution of projects
- Confirmation of geographical areas company works in
What we do with your information
In our remit as the data controller, the Welsh Government uses the information received for the below purposes. These purposes are necessary to enable us to comply with our legal obligations under the Building Act 1984 to hold registers of building inspectors and building control approvers and regulate the building control profession in Wales. HSE will use the information, on the Welsh Government's behalf, to register and regulate the building control profession.
Purposes of the processing
The processing is for the registration and regulation of the building control profession in Wales to the extent that functions are designated to HSE by the Agency Agreement dated 19 January 2024. These include:
- Operating a register of Building Control Inspectors
- Conducting investigations into potential professional misconduct by Registered Building Inspectors
- Issuing sanctions for professional misconduct and responding to appeals
- Prosecution of offences of acting as, or pretending to be, a Registered Building Inspector
- Operating a register of Building Control Approvers
- Conducting investigations into potential contraventions of the professional conduct rules (“PCRs”) and/or the operational standards rules (“OSRs”).
- Issuing sanctions for contraventions of the PCRs and/or OSRs and responding to appeals
- Prosecution of offences of acting as, or pretending to be, a Registered Building Control Approver
- Issuing improvement notices and serious contravention notices.
- Prosecution of offences relating to information provision (Sections 58Z1 and 58Z2 of the Building Act 1984)
For the sake of clarity HSE shall not perform on behalf of the Welsh Ministers the functions relating to the operational standards rules in relation to any local authority in Wales.
Who we share your information with
Information held by HSE on behalf of the Welsh Ministers about building inspectors and building control approvers may be shared with the Building Safety Regulator under Section 58Z9 of the Building Act 1984.
How long we keep your information for
The data will be retained for 15 years unless required to be kept longer under law. The data will then be destroyed securely.
Your rights in relation to your information
You have the right to:
- access to the personal data that we are processing about you;
- require us to rectify inaccuracies in that data;
- the right (in certain circumstances) to object to processing;
- the right for your data to be ‘erased’;
- lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection.
For further information about the information which Welsh Governments holds and its use, or if you wish to exercise your rights under the GDPR, please see contact details below:
Data Protection Officer
Information Commissioner’s Office
The contact details for the Information Commissioner’s Office are:
Telephone: 01625 545 745 or 0303 123 1113