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Local Government Reform: Incorporating Planning Functions

Explore the changing landscape of planning functions, information rights, and data protection in local government reform. Learn how to navigate challenges, incorporate planning processes, and address data breaches effectively.

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Local Government Reform: Incorporating Planning Functions

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  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

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

  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 Staff Training

  9. Planning and the consultation process Strategic Specific Development Plan Planning Application

  10. Planning and the consultation process

  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 3rd Floor 14 Cromac PlaceBelfast BT7 2JB0303 123 1114ni@ico.org.ukwww.ico.org.uk

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