Graham Hadfield on 03 June 2005 at 14:47 said:-
> 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".
Interesting, legislation creating conflicting opinions to those created by
the legislation mentioned earlier. For the point that publishing on the WWW
is legitimised by the T&CPA 1990 one would have to assume the term public
includes anybody located anywhere in the world. To validate that assumption
the regulating body would need to be able to lawfully regulate anybody
located anywhere in the world. It would seem safe to assume that is not the
case so the term public must be limited in its definition. Is the WWW access
limited to reflect any necessary regulative definition?
If not are the internationally agreed agreements, conventions and
declarations being followed?
> 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.
Is it in the public interest to publish ALL planning applications and
details of objectors on the WWW making them available to everybody in the
world?
If so where do the (inter)nationally sensitive building alterations and
plans appear?
> 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.
This does not provide an exemption from the other principles and does
require compliance with other conditions subject to which the register is
open to inspection and which from previous comments in the thread appear not
to be being complied with.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Graham Hadfield
> Sent: 03 June 2005 14:47
> To: [log in to unmask]
> Subject: Re: Opinions sought - Planning Applications
>
>
> 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.
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to
> the list owner
> [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|