Yes, but it depends what is meant by "published": the legal requirement, as I
remember it, is to place objections on the planning application file and have
the file available for public inspection. This duty does not necessarily
authorise further processing of the data, in the form of publishing on the
web.
regards
Jonathan
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Alan Stead
Sent: 23 February 2010 10:54
To: [log in to unmask]
Subject: Re: [data-protection] retrieving documents from the web after
consent is withdrawn
I seem to recall that there is statute which dictates that the
objections must be published which would make any section 10 notice
invalid.
Regards
Alan
Alan Stead
Director
IMTS
Information Management Training Services Ltd
4 Stanley Close
Ravenshead
Nottingham
NG15 9GE
Tel: 01623 400497 or
07882 241908
Web :- www.im-ts.co.uk
Email:- [log in to unmask]
Quoting Lawrence Serewicz <[log in to unmask]>:
> Dear All,
>
> The following scenario has emerged. One of our previous council's (we have
> merged 8 into 1) posted planning material to the web in line with
> the guidance
> on publicizing the planning information.
>
> A couple of years ago, the previous district council published the
> objections to
> a planning application. Several months later, the person who wrote
> the letter
> requested that their information be removed as their name and address
> were visible.
>
> We removed the webpage from our server and took down the information
> from the archived web page. The Council no longer exists and its web
> page is archived.
>
> The rub is that the information can be found, indirectly, in a google docs
> page. If you follow the link, you come to a blank page. However,
> if you look
> a the google quick view, it brings up the document with the name and
> address. When the author wrote to the previous Council he asked that
> it was removed, which they did.
>
> Would that Council have needed to contact google to remove the information
> from their servers? Is this something that the applicant needs to
> do or should
> the Council initiate this process?
>
> Once something like this passes into the web, who then controls the
> data and is responsible for it? If you have faced this situation, how
> have you proceeded?
>
> I would be grateful for any views on this as this is the first time
> this has emerged, but it may not be the last.
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 messages please send to the
> list owner
> [log in to unmask]
> Full help Desk - please email [log in to unmask] describing your
needs
> To receive these emails in HTML format send the command:
> SET data-protection HTML to [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 messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Buckinghamshire County Council
Visit our Web Site : http://www.buckscc.gov.uk
Buckinghamshire County Council Email Disclaimer
This Email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.
The views expressed in this email are not necessarily those of Buckinghamshire County Council unless explicitly stated.
If you are not the intended recipient, the use of information by disclosure, copying, retention, distribution or any further processing is prohibited and may be unlawful. If you have received this email in error please notify the system manager at [log in to unmask]
This footnote also confirms that this email has been swept for content and for the presence of computer viruses.
End of disclaimer
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|