local government reform: incorporating planning functions ken macdonald assistant commissioner...

Local Government Reform:Incorporating Planning Functions

Ken MacdonaldAssistant Commissioner (Scotland & Northern Ireland)Information Commissioner’s Office2 December 2014

Contents

• Planning – a changing process

• Information rights and the planning function

• Preparing for change

• Planning and the consultation process

• When it goes wrong

Planning – a changing process

Information rights and the planning functionIndividuals’ rights of access:

• Access to Personal Information

Data Protection Act 1998

• Access to Other Information

Freedom of Information Act 2000Environmental Information Regulations 2004

Information rights and the planning function

Super Council

Application

Local Development

Planning

Enforcement

Elements of all functions will require the processing of personal information (DPA), environmental information (EIR) and other information (FOIA)

Preparing for change

Data Protection

• Notification (registration) with the ICO

• Fair processing

• Retention / Disposal Schedules

• Principle 7 Contracts

Preparing for change

All Legislation

• Records Management Systems

• General Policies and Procedures

• Information Request Handling

• Breach Handling

Preparing for change

Planning and the consultation process

Strategic Specific

Development Plan Planning Application

Planning and the consultation processDP Principle Implications for Consultations

1) Processed fairly and lawfully Advise how made public (inspection/internet)

2) Processed for specified purposes Other uses “not incompatible” with core purposeInclude in fair processing if possible

3) Adequate, relevant and not excessive

Consider statutory requirements, esp on internet

4) Accurate and up to date Correct if necessary

5) Held for no longer than is necessary

Publication v Retention

6) Processed in accordance with the rights of individuals

Recognise SARs Section 10 Notices

7) Kept secure Be aware of third-party informationRedact as appropriateData processing agreements

8) Transferred outside the EEA only with adequate protection

Check Cloud contracts

When it goes wrong

New Forest District Council breached the Data Protection Act by publishing the personal data of planning applicants on their website. This came to light initially in 2008 after council staff failed to appropriately redact personal data from a resident’s planning application before publication on their website. A complaint was made to the ICO and the council addressed the issue.

Although processes improved, the problem returned in 2010 and was the subject of an investigation by the ICO. The ICO examined the systems in place at the council, interviewed the staff directly responsible for the redaction process and an undertaking was signed by the council.

Contact us:

ICO 3rd Floor

14 Cromac PlaceBelfast BT7 2JB

0303 123 1114ni@ico.org.uk

www.ico.org.uk