(I have redacted the Council's name as well as the Complainant's, to
spare their blushes if they are on this list).
Does the list think we are wrong here?
====
Yyyyy Yyyy
Corporate Content Co-ordinator
Zzzzzz Council
Dear Mr Yyyy
I refer to the attached email communication from your Council to
Xxxxxxxx Xxxx
She has asked me to proceed with the matter against your Council as follows.
The Facts
---------
Approximately 8 years ago, Mrs Xxxx made a representation to your
Council in connection with a Planning Matter.
These many years later, she was surprised to find that her personal data
(name and address) are being published and broadcast by your Council on
the Internet.
She wrote to you, and asked you to cease publishing her personal data on
the Internet.
By the attached email you refuse.
The Law.
--------
Her request to you to cease publishing her name and address on the
Internet must be construed as a Notice to Prevent Processing under the
Data Protection Act.
As she has intimated, she is aware, that under statutory provisions
relating to planning applications, representations may be accessed by
members of the public consulting the file.
Since the coming into force of the Freedom of Information Act, they may
also be rights for third parties to request copies of council held
documents under the provisions of that Act
However any such rights under the Planning statute, and/or Freedom of
Information Rights must be balanced against Mrs Voss' Data Protection
Act rights, and her Art. 8 Conventional right to Private and Family Life.
Publication on the Internet of her name and address is disproportionate.
It is not necessary in a democratic society, and it is arguable whether
such broadcasting (as opposed to merely disclosing upon written request)
it is provided for by law -- the relevant planning law was written well
before the coming into being of the Internet, and merely provides that
the identity of representors and the content of their representations
are to be open to public inspection.
Your Council appears to quote your Publication Scheme as authority.
Mere inclusion in an publication scheme cannot in itself provide the
legal authority to disclose personal data in an unlawful and
disproportionate manner, as you seem to be doing.
It seems to me that your Town and Country Planning Act and FoI
obligations may be performed in a proportionate manner by
providing copies to people actually making FoI requests or inspecting
the file, but not by prospectively broadcasting her personal data to 5
billion people (the population of the globe).
The effect of your doing so, and that her personal data has been
transferred from your Council to search engine caches, outside the EU,
is to expose her to identity theft, and personal harassment, since she
has exercised her right to be excluded from the edited Electoral Roll.
Furthermore in view of such transfer outside the EU, she has lost any
practical remedy where such personal data to be traded and/or misused.
Conclusion
----------
Can you therefore, by return, please provide me with your exact legal
authority for such publication and your refusal to comply with the
Notice to Prevent Processing, alternatively your assurance that her
personal data have been immediately redacted from any documents that you
are publishing on the internet.
Failure to comply with this request will result in an automatic referral
to the Information Commissioner and eventual legal action against your
Council.
I look forward to your reply.
Nigel Roberts
> -------- Original Message --------
> Subject: Re: SRID: 868098
> Date: Fri, 17 Oct 2008 10:06:41 +0100
> From: zzzzzzzzzz
> To: xxxxxxxx
> References: <[log in to unmask]>
>
> Dear xxxxx,
>
> Thank you for your recent email. As you point out yourself, this
> document is in the public domain and the council is almost certainly
> required to publish it under planning law. It is also likely to be
> covered by the council's Publication Scheme under the Freedom of
> Information Act 2000 (www.zzzzzz.gov.uk/foi_-_publication_scheme.pdf).
> Like most other councils, this includes making it available on its
> website. In these circumstances, I am not able to edit this document to
> remove your name and address, as it would no longer be consistent with
> the paper record. The list shows the same details for another 729
> objectors and I am not aware of any of them objecting to being listed as
> an objector in the six or so years since the report was published.
>
> Neither am I in a position to prevent the council's website being
> indexed by search engines, as this would rapidly lead to many more
> complaints from people searching for information about the council's
> services and Medway in general.
>
> I hope this helps,
>
>
> YYYYYYYYYYYYYYYYY
> Corporate Content Co-ordinator
> Zzzzzz Council
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