What are the consequences of a person's name and address appearing on a
website in relation to a local planning application? In
other words, why should anyone be concerned about it? The planning process
is deliberately, to my limited understanding, a public process. Applications
and objections are made - again, as far as I know - in public.
If the Data Protection Act / Directive prevents the process moving into the
internet age, then it is at fault. In an uncharacteristically pragmatic
moment, I was advised by an IC officer that when publishing on the web, it
was worth considering what harm could be done to a person if their details
appeared online.
Tim Turner
Data Protection Officer
Wigan Council
> ----------
> From: Chris Spray[SMTP:[log in to unmask]]
> Reply To: [log in to unmask]
> Sent: 11 June 2004 10:06
> To: [log in to unmask]
> Subject: Re: [data-protection] Sale of planning application lists
>
> 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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