Two points:
1) In this specific case, for the vast majority of people there will be
no harm from their personal details being attached to a planning application
that is available on the web. But it is unsafe to assume that there will
*never* be a case where someone is prepared to be identified publicly near
to home but has a good reason for not wanting their details more widely (and
unnecessarily) shared. So the minimum should be to provide a mechanism by
which the disclosure can be restricted to that which is *necessary* for
public accountability and openness, etc.
2) As a general point I agree with Tim's IC contact that a test of
potential harm is always worth applying. Data Protection is not about
protecting data arbitrarily, but about protecting people from the
consequences of their data being mishandled, deliberately or thoughtlessly.
While the 'harm' test will not always give you the precise compliance
answer, it's a good starting point, and will sometimes help you to decide,
for example 'how accurate does this data need to be?' or 'what level of
security is appropriate?' or 'can I base my processing on the sixth Sched. 2
condition (legitimate interests)?'
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Tim Turner" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, June 11, 2004 10:41 AM
Subject: Re: Sale of planning application lists
> What are the consequences of a person's name and address appearing on a
> website in relation to a local planning application? In
> other words, why should anyone be concerned about it? The planning process
> is deliberately, to my limited understanding, a public process.
Applications
> and objections are made - again, as far as I know - in public.
>
> If the Data Protection Act / Directive prevents the process moving into
the
> internet age, then it is at fault. In an uncharacteristically pragmatic
> moment, I was advised by an IC officer that when publishing on the web, it
> was worth considering what harm could be done to a person if their details
> appeared online.
>
> Tim Turner
> Data Protection Officer
> Wigan Council
>
> > ----------
> > From: Chris Spray[SMTP:[log in to unmask]]
> > Reply To: [log in to unmask]
> > Sent: 11 June 2004 10:06
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Sale of planning application lists
> >
> > I'm doubtful whether consent will work in this context if, as in the
case
> > of my
> > local council, the option is have your application or objections
> > considered and
> > consent to worldwide access, or don't have the application considered?
> >
> > My local authority has online access to applications and there is a
> > statement
> > under the heading "Data Protection and Freedom of Information" that says
> > (paraphrasing) we don't allow confidential comments and if you comment
you
> > consent to us putting your name and address and telephone number on the
> > website.
> > If an application relates to my neighbours property and will seriously
> > affect
> > me, my consent to internet publication is not going to be freely-given?
> >
> > Chris
> >
> >
> >
> >
> >
> > [log in to unmask] on 11/06/2004 08:55:47
> >
> > Please respond to [log in to unmask]
> >
> > To: [log in to unmask]
> > cc: (bcc: Christopher Spray/Group Compliance/South East/RAC Motoring
> > Services)
> >
> > Subject: Re: [data-protection] Sale of planning application lists
> >
> >
> >
> > In a message dated 10/06/04 13:24:44 GMT Daylight Time,
> > [log in to unmask] writes:
> >
> >
> > > Planning applications must surely contain the address of the property
to
> > > which the application applies. Often the applicant will live there.
> >
> > -------
> > But the salient point was that it is going on websites, not that the
> > address
> > is included. There is no legal requirement to make the information
> > available
> > wordwide, therefore (IMO) consent is required. If the planning lists
were
> > made available locally say on a LAN via kiosks, there would be fewer
> > problems.
> >
> > On-line government is an ideal or a guideline (more on-line = more cash)
> > but
> > the law is the law. E-government should mean services on-line, not
> > personal
> > data on-line.
> >
> > Ian B
> >
> >
> > Ian Buckland
> > Managing Director
> > Keep IT Legal Ltd
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