Planning applications should not necessarily be taken as the standard,
as the planning process is openly in the public domain, and everyone
presenting objections is made aware of the fact at the time. The
question has to be were the people made aware at the time they posted
their objections to the parking scheme that their name and addresses
might be made available to other people. If the answer is yes, then the
information should be disclosed, if the answer is no, the information
requested should not be disclosed.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 31 October 2006 11:52
To: [log in to unmask]
Subject: Re: [data-protection] Letters of objection[Scanned]
http://www.rochford.gov.uk/rochforddcinternet/main.asp?page=1301 gives
information about how to "register a representation about the (planning)
proposal".
http://www.rochford.gov.uk/rochforddcinternet/main.asp?page=928 gives
information about making comments on a planning application and it lists
as what is considered as "material planning considerations and which can
therefore be considered by the Local Planning Authority in deciding
whether or not to approve a particular planning application" (not
exhaustive).
It says that "The fact that you may not like a particular proposal is
not a material consideration".
If one wishes to make anonymous objections which are not covered by the
above one can always write anonymously to the local paper , write to
one's councillor or join a campaign.
Also (Cardiff Council again!) I have found this:
"You should also be aware that some types of information we hold, which
may identify you, may not be covered by the act. For example, if you
lodge an objection to a planning application, although we may have your
name and address on the objection, this is not necessarily 'personal
data' as the objection is about the planning application, not about
you."
http://www.cardiff.gov.uk/content.asp?Parent_Directory_id=2865&nav=2872,
3252,4533,4537
Nick Landau
----- Original Message -----
From: "RONAN DURNIN" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, October 31, 2006 11:14 AM
Subject: Re: [data-protection] Letters of objection[Scanned]
I would be inclined not to release those personal data regardless of
whether or not you have the consent of the letter writers. Without
wishing to sound paranoid, you have no way of telling for what purpose
the FOI requestor will use the personal data of the (conscientious)
objectors. FOI is not a means to bypass DPA to gain access to
information.
The substance of the letter writers' objections may well be discoverable
under FOI but I feel that this would only be the case where that content
doesn't identify any one individual - thus minimizing any risk of
harm/damage or distress to the letter writer.
So - content is likely to be discoverable under FOI in this instance
- personal data (IMO) is not discoverable under FOI in this instance
(though there are likely to be other occasions where this is not the
case)
Ronan.
========================
Ronan Durnin
Business Support Officer
NIGALA
79 Chichester Street
Belfast
BT1 4JE
(02890 316557 DDI)
[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 31 October 2006 09:27
To: [log in to unmask]
Subject: [data-protection] Letters of objection[Scanned]
We have letters from members of the public who have objected to the
introduction by the LA of a parking scheme. Under FOI a request has been
=
made for the names and addresses of the objectors. I say we cannot
releas=
e
them because of DP, unless we write to each objector asking for their
permission. Am I correct ?
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