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HI Kathryn,
I grappled with this some time ago and posted to Jisc list. I also e-mailed the ICO regarding my thoughts but received no response. My main issue was about making public/disclosure of comments/objections via internet, public register or in response to FOI/EIR etc.
To my knowledge the ICO have issued two Undertakings in respect of Planning and PD disclosures... Brecon Beacons 2012 and the New Forrest District Council from November 2010.
http://www.ico.gov.uk/enforcement/~/media/documents/library/Data_Protection/Notices/brecon_beacons_national_park_authority_undertaking.ashx - 18 Apr 2012
I’ve not been able to get a copy of the New Forrest Undertaking.
I’ve read the PARSOL guidance (v1.2 August 2006) again and again. The more I read it the less sure I was of what my advice should be. I was also mindful that the purpose of PARSOL is regarding information ONLINE and so is mainly in relation to non-disclosure of e-mail addresses and the like that could be harvested for criminal or other misuse. PARSOL encourages disclosure of name and addresses for Planning Apps, Comments/Representations and Building Control applications.
Our planning solicitor has advised me on Town and Country Planning Act and the Statutory Planning Register. I am advised that representations/objections do not form part of the statutory register – albeit that 3.19 PARSOL states ‘you should explain that as comments on applications are generally regarded as forming part of the Statutory Register the local authority has a duty to make this information available…’. Which is different from the direct statement in 3.18 referring to the Applicants name and address ‘this information forms part of the Statutory Register’. Applicant Details are officially part of the Statutory Register and Comments are not, but PARSOL remarks that they are generally thought of as part of it. I think the PARSOL guidance gets this wrong….I’m not convinced by the guidance to disclose PD of Commenters or Building Control apps when there is no statutory requirement.
ICO decision Sharples v Bolton council (FER0422241) and subsequent ITT Sharples v ICO (EA/2012/0076) albeit in respect of Building Control Regulations – the similarity being there is no statutory duty to make available – ruled Building Control plans and inspection notes were to be made available to the requestor with appropriate redaction which amounted to the removal of any identifying information including name, address. I keep going back to this decision and my opinion is influenced by this, which I think contradicts the PARSOL guidance see item 5 in PARSOL. I’ve also considered FER0422597.
I spoke with Breacon at the time. Breacon, and now Bolton, do not include commenters PD online.
Like you say redacting information from public disclosure is not the same as it being submitted anonymously to the council.
Feel free to contact me off portal.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Kathryn Wright
Sent: 21 November 2016 11:39
To: [log in to unmask]
Subject: [data-protection] DP in Planning
Hi All
I'm hoping someone on here may be able to help me with the rules around planning applications and data protection. We publish planning applications and their related complaints on our website. A complaint is not a valid complaint if it is anonymous. When publishing documentation our planning department redact out email address and signatures but publish name and address- this is for both the planning application and the complaints received in relation to it.
Someone has tried to submit a complaint about a planning application but does not want his name and address published on the planning application portal (he doesn't mind it being available for inspection). Planning say that this makes his request anonymous and therefore invalid.
I wanted to check if this is the case as we would know the name so it's not anonymous for us- it is only anonymous for the public. I've had a look at 'PARSOL guidance notes for practitioners', but it only seems to refer to applications, not so much complaints. It's not clear if they are grouping both type of documents within that one term.
Hope someone can help
Thanks
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