This privacy notice provides information on the way in which the personal information you provide as part of the planning process is handled by the Council. It is published in accordance with the EU General Data Protection Regulations (GDPR) (effective from 25 May 2018). This notice provides general information on the way in which the personal information you provide is managed and processed by Rutland County Council (the ‘data controller’).
The Data Controller and Contact Details
Rutland County Council is the Data Controller for the personal data you provide to the Council. The contact details for you to exercise any of your data protection rights or to raise any concerns you may have regarding your personal data are:
Data Protection Officer
Rutland County Council
Tel: 01572 758165
Use of Your Personal Data
The information you provide to the Council will be used by the Council to consider planning and other related applications and appeals in adherence with its statutory obligations, including enforcement action if required.
The Council is legally able to process your personal data:
- As you have freely provided your consent to this processing or
- The Council has a statutory duty under the Town and Country Planning Act 1990 (as amended) to collect and process this information to provide the required service.
The consequence of not completing the application form, providing the supporting information for any application and agreeing to this use of your personal information, is that the Council will be unable to process the application
If you are making an objection or representation to a planning or related application, then your personal data will be used to deal with the application which you are objecting to or making representations about.
Sharing of Personal Data
To comply with its statutory obligations, the Council must make public certain details relating to planning applications in the form of a public register. Regulations allow this information to be made available on the internet. The Council will publish, on its website, a copy of your application documentation. This includes the name and address of the applicant and, where an agent is acting for the applicant, the name and contact details of that agent. To protect personal data from unnecessary disclosure, the Council will remove applicants’ telephone numbers and email addresses and all signatures from the information that may be viewed via the website.
In order to consider planning and related applications, the Council may share information with consultees (including other sections of the Council) and members of the public. Information, including comments submitted about planning and other related applications, may also be shared with the Planning Inspectorate and the applicant if an appeal is made.
The personal information you provide will not be used for any other purpose unless required by law, to prevent or detect crime or to protect public funds.
The applicant or their agent are to highlight to the Council, when submitting a planning application, any sensitive personal data such as information about health conditions, development viability etc. that they do not wish to be published or disclosed. If this is not made clear to the Council, this information may be published on the Council’s website.
The Council will discuss with the applicant/agent any information that they have stated they do not wish to publish if the Council believes it will have a material effect on the decision making process.
Protecting Your Personal Data
Your unpublished personal data will be kept secure by the Council and will be kept within the European Economic Union (EEU). Where the Council uses a third party to store your personal data and it is stored outside of the UK/EEU, the Council will ensure that appropriate safeguards are in place to keep your personal data secure.
Keeping Your Personal Data
The Council will keep your personal data in accordance with the Council’s retention schedule.
- Only provide personal information if you are happy for it to be placed in the public domain, including publication on the internet (unless you highlight for it not to be published).
- Do not include personal information about another person (including family members) unless the individual concerned has consented and you can provide evidence of this consent.
- Tell us as soon as possible if any of the personal information you have provided should change.Yoy Rights
There are a number of rights that you may exercise depending on the legal basis for processing your personal data. In most cases, these rights are not absolute and there may be compelling or overriding legal reasons why the Council cannot meet these rights in full. This will be explained to you in more detail should you contact the Council for any of the reasons detailed below:
- request a copy of the personal information the Council holds about you;
- to have any inaccuracies corrected;
- to have your personal data erased;
- to place a restriction on the Council’s processing of your data;
- to object to processing; and
- to request your data to be ported (data portability).
Where the processing of your personal data is based on your consent, in most circumstances you have the right to withdraw that consent at any time and the Council will act on your instructions. If you have any concerns about how we process your personal data or wish to discuss how to exercise your rights, you should contact the Data Protection Officer using the contact details above.
Alternatively, you may wish to complain directly to the Information Commissioners Office. You can do this by writing to them at:
Information Commissioners’ Office
Cheshire SK9 5AF
Telephone: 0303 123 1113.