This is a very complicated issue that we have spent months agonising
over recently. The existing planning legislation gives a right of public
access to the objections. It is completely silent as to whether the name
and address of the objector is part of the objection. Planners,
themselves, are of mixed mind - sometimes the address is relevant, but
often it is not.
The two extreme points of view are that planning is a public process so
the identity of an objector should equally be public; and even though
planning is a public process an objector still has a right to object and
maintain their privacy (and possibly their safety).
Trying to balance these two views is not an easy process (believe me, I
know !). In practice, most Councils are going to fall completely one way
or the other, because anything in the middle is complicated. We are in
the process of moving from the position that all identities are private
to the opposite, i.e. that no identities are private. We are also
currently under investigation by the Scottish Information Commissioner
for our refusal to disclose the identities of objectors in response to
an FOI request. (and we aren't changing because of the investigation !)
Donald Henderson
Information Security Manager
Perth & Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jim Whitaker
Sent: 01 June 2005 13:55
To: [log in to unmask]
Subject: Re: [data-protection] Opinions sought - Planning Applications
Thanks to Ian for pointing me to where this has come from; a ODPM
project PARSOL.
At http://www.parsol.gov.uk/products/2_2_toolkits/spo25/spo25_2.1.html
Q3 there is an interesting, if somewhat confused, statement. This
includes a reference to a guidance document from OIC (but says that is
under review). That document suggests that publishing on a website is
fine unless the person concerned objects when it should be withheld (I
simplify).
Given that planning applications are inherently public and subject to
public comment and objection, I find it difficult to see why people
should be permitted to withdraw from the web publication of their
identity. I can, after all, just go to the Council offices and see the
full register if I want - That is a statutory right.
It is interesting that the guidance above suggests something a bit
different from the message which Ian has got? (Their website appears
not to have a search so I have had to google this and may not have
picked up the same things as Ian.) Or are they suggesting that the
revised OIC guidance (not reflected in the document I found) now
suggests that they can publish without consent?
Regards
Jim
====================================================================
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 01 June 2005 12:20
To: [log in to unmask]
Subject: [data-protection] Opinions sought - Planning Applications
Dear All
I know this is an education site but I would like your personal opinions
on the following before I make representations to the ICO.
There is new guidance available to local authorities which suggests that
thay should be placing planning applicants' names and addresses on their
websites without the consent of the individual. In other words, if you
want an extension to your home or an adaptation for disabled access the
council will make those details available wordwide. Likewise if you
want to object to someone's plans.
What do you think?
Ian B
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