I'm doubtful whether consent will work in this context if, as in the case of my
local council, the option is have your application or objections considered and
consent to worldwide access, or don't have the application considered?
My local authority has online access to applications and there is a statement
under the heading "Data Protection and Freedom of Information" that says
(paraphrasing) we don't allow confidential comments and if you comment you
consent to us putting your name and address and telephone number on the website.
If an application relates to my neighbours property and will seriously affect
me, my consent to internet publication is not going to be freely-given?
Chris
[log in to unmask] on 11/06/2004 08:55:47
Please respond to [log in to unmask]
To: [log in to unmask]
cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
Services)
Subject: Re: [data-protection] Sale of planning application lists
In a message dated 10/06/04 13:24:44 GMT Daylight Time,
[log in to unmask] writes:
> Planning applications must surely contain the address of the property to
> which the application applies. Often the applicant will live there.
-------
But the salient point was that it is going on websites, not that the address
is included. There is no legal requirement to make the information available
wordwide, therefore (IMO) consent is required. If the planning lists were
made available locally say on a LAN via kiosks, there would be fewer problems.
On-line government is an ideal or a guideline (more on-line = more cash) but
the law is the law. E-government should mean services on-line, not personal
data on-line.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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