There is no statutory obligation (unless I've missed something) to publish planning applications online, so, if you receive a section 10 notice regarding the online publication, properly evidenced, I think you'd have an obligation to give effect to it.
In terms of maintaining the register itself (not online), section 10(2) DPA disapplies the right of a data subject to serve a notice if, inter alia, the third schedule 2 condition is met: "the processing is necessary for compliance with any legal obligation to which the data controller is subject" - and you have a legal obligation to maintain the register.
This all does, though, raise the perennial issues about the permanence and wide-availability of online information
In the Parsol Guidance (http://www.planningportal.gov.uk/uploads/pins/parsol.pdf) there is an apparently straightforward statement about DPP5 "Local authorities need to ensure that once the need for the publication of personal data on the Internet has passed that the personal data is removed". But behind that lies a host of questions - primarily, is it "necessary" to maintain an online register of planning applications?
A bit of a rushed reply. Sorry if it's unclear.
Not advice, of course - just my thoughts
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
Follow us on twitter @buckscclegal
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lindsay Foody
Sent: 12 February 2014 17:11
To: [log in to unmask]
Subject: [data-protection] Section 10 and Planning Files
If someone whose planning application has been approved, and is available on the internet, circumstances later change and they make a request for their name to be redacted (or replaced with the agent's name) on the public information for genuine fear of identification can this be done?
If the person subsequently makes a Section 10 request to stop processing their data in this respect, and even though we have a statutory duty to make the name and address of a planning applicant public, is there any way we can assist if there is a genuine case to be made for damage / distress?
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