1. Local Government Reform: Incorporating Planning Functions Ken Macdonald Assistant Commissioner (Scotland & Northern Ireland) Information Commissioner’s Office 2 December 2014

2. Contents Planning – a changing process Information rights and the planning function Preparing for change Planning and the consultation process When it goes wrong

3. Planning – a changing process Planning Service (DoE) Application Development Planning Council Consultation Super Council Application Local Development Planning Enforcement

4. Information rights and the planning function Individuals’ rights of access: Access to Personal Information Data Protection Act 1998 Access to Other Information Freedom of Information Act 2000 Environmental Information Regulations 2004

5. Information rights and the planning function Super Council Application Local Development Planning Enforcement Elements of all functions will require the processing of personal information (DPA), environmental information (EIR) and other information (FOIA)

6. Preparing for change Data Protection Notification (registration) with the ICO Fair processing Retention / Disposal Schedules Principle 7 Contracts

7. Preparing for change All Legislation Records Management Systems General Policies and Procedures Information Request Handling Breach Handling

8. Preparing for change

9. Planning and the consultation process Non Personal Information Personal Information Strategic Specific Development PlanPlanning Application

10. Planning and the consultation process DP PrincipleImplications for Consultations 1) Processed fairly and lawfullyAdvise how made public (inspection/internet) 2) Processed for specified purposesOther uses “not incompatible” with core purpose Include in fair processing if possible 3) Adequate, relevant and not excessive Consider statutory requirements, esp on internet 4) Accurate and up to dateCorrect if necessary 5) Held for no longer than is necessary Publication v Retention 6) Processed in accordance with the rights of individuals Recognise SARs Section 10 Notices 7) Kept secureBe aware of third-party information Redact as appropriate Data processing agreements 8) Transferred outside the EEA only with adequate protection Check Cloud contracts

11. When it goes wrong New Forest District Council breached the Data Protection Act by publishing the personal data of planning applicants on their website. This came to light initially in 2008 after council staff failed to appropriately redact personal data from a resident’s planning application before publication on their website. A complaint was made to the ICO and the council addressed the issue. Although processes improved, the problem returned in 2010 and was the subject of an investigation by the ICO. The ICO examined the systems in place at the council, interviewed the staff directly responsible for the redaction process and an undertaking was signed by the council.

12. Contact us: ICO 3 rd Floor 14 Cromac Place Belfast BT7 2JB 0303 123 1114 ni@ico.org.uk www.ico.org.uk ni@ico.org.uk www.ico.org.uk