Guidance

Certificate of Exemption and compensation scheme for XL Bully dogs: privacy notice

Published 14 November 2023

Applies to England and Wales

© Crown copyright 2023

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This publication is available at https://www.gov.uk/government/publications/certificate-of-exemption-and-compensation-scheme-for-xl-bully-dogs-privacy-notice/certificate-of-exemption-and-compensation-scheme-for-xl-bully-dogs-privacy-notice

This privacy notice explains how we will process personal data related to applying for a Certificate of Exemption and compensation scheme for XL Bully dogs.

Who collects your personal data

Department for Environment, Food and Rural Affairs (Defra) is the controller for the personal data we collect in England:

Department for Environment, Food and Rural Affairs
Seacole Building
2 Marsham Street
London
SW1P 4DF

For applications in Wales, Welsh Ministers are respectively the controllers. Defra processes applications from persons in Wales on behalf of the Welsh Ministers.

If you need further information about how Defra uses your personal data and your associated rights you can contact the Defra data protection manager at data.protection@defra.gov.uk or at the above address.

The data protection officer for Defra is responsible for checking that Defra complies with legislation. You can contact them at DefraGroupDataProtectionOfficer@defra.gov.uk or at the above address.

What personal data Defra collects and how it is used

Defra collects your:

  • name
  • contact details
  • date of birth
  • bank details, if you apply for compensation for an XL Bully dog that you do not want to keep
  • signature for the neutering and euthanasia forms

Defra will use your personal data to:

  • access your eligibility and process your application to apply for a Certificate of Exemption to keep an XL Bully dog
  • issue a Certificate of Exemption
  • check future compliance with the conditions for keeping an XL Bully dog, for example, changes of address and insurance
  • transfer your compensation application to the Rural Payments Agency, an Executive Agency of Defra

Read the Rural Payment Agency personal information charter.

Lawful basis for processing your personal data

Processing is necessary for the performance of a task carried out in the public interest which is laid down by law. This task is the operation of the Index of Exempted Dogs for England, Wales, Scotland, and the new addition, the XL Bully as defined in the update to the Dangerous Dogs Act 1991, effective 10 November 2023.

Defra uses the following legislation:

  • The Dangerous Dogs Act 1991; Dangerous Dogs Act 1991
  • The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 SI No. 138 (for England and Wales); The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015
  • The Dangerous Dogs Compensation and Exemption Schemes Order 1991 SI No. 1744 (for Scotland only); The Dangerous Dogs Compensation and Exemption Schemes Order 1991
  • The Dangerous Dogs (Designated Types) (England and Wales) Order 2023
  • The Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023

The processing of your personal data is not based on consent. You cannot withdraw it. 

Who Defra shares your personal data with

Defra may share your personal data with:

  • the Rural Payments Agency to pay compensation for a dog you decide not to keep
  • the police,  local authorities and any other law enforcement authorities in England, Scotland and Wales to aid compliance checks, investigations and enforcement concerning breaches or potential breaches of law

Defra respects your personal privacy when they respond to access to information requests. We only share information when necessary to meet the statutory requirements of the Environmental Information Regulations 2004 and the Freedom of Information Act 2000.

How long Defra holds personal data

Defra will keep your personal data for the life of the dog. Defra will remove your personal information from the Index of Exempted dogs when you tell us that the dog has died.

What happens if you do not provide the data

If you do not provide the data requested, Defra will not be able to process your application to obtain a Certificate of Exemption for your dog or be able to process your compensation claim.

Use of automated decision-making or profiling

The personal data you provide is not used for:

  • automated decision making (making a decision by automated means without any human involvement)
  • profiling (automated processing of personal data to evaluate certain things about an individual)

Transfer of data outside the UK

Defra will only transfer your data to another country that is deemed adequate for data protection purposes.

Your rights

Find out about your individual rights under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018).

Complaints

You have the right to make a complaint to the Information Commissioner’s Office at any time.

Defra’s personal information charter

Defra’s personal information charter explains more about your rights over your personal data.

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