I have followed this discussion with interest but previously have not had
time to contribute. This is a subject which we discussed at RCBC over many
months (including taking advice from other local authorities) before making
a decision.
I've listed below what I believe to be the relevant legislation which makes
it lawful for councils to publish planning application details on their web
sites.
Regards,
Graham
The Town & Country Planning Act 1990 requires (S69(1)) that "Every local
planning authority shall keep, in such manner as may be prescribed by a
development order, a register containing such information as may be so
prescribed with respect to applications for planning permission made to
that authority." and goes on to say (S69(5)) "Every register kept under
this section shall be available for inspection by the public at all
reasonable hours.". It prescribes neither the media for keeping of the
register nor what constitutes "reasonable hours".
Schedule 2 DPA 1998 includes the following conditions relevant for the
purposes of the first principle:
3. The processing is necessary for compliance with any legal obligation to
which the data controller is subject, other than an obligation imposed by
contract.
5(b). The processing is necessary for the exercise of any functions
conferred on any person by or under any enactment.
5(d). The processing is necessary for the exercise of any other functions
of a public nature exercised in the public interest by any person.
Schedule 4 DPA 1998 includes the following case where the eighth principle
does not apply:
7. The transfer is of part of the personal data on a public register and
any conditions subject to which the register is open to inspection are
complied with by any person to whom the data are or may be disclosed after
the transfer.
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