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