How we use your information
The categories of information that we collect, process, hold and share include:
- personal information (such as name, address, email and telephone number) in relation to the preparation of the Local Plan (mailing list of those wishing to be kept informed, responses to consultation exercises, or in relation to sites that may be included in the Plan); the self and custom housebuilding register, and the brownfield register
- special category data (age, gender, ethnicity and disability)
Why we collect and use this information
We use your data to:
- enable us to carry out specific functions for which we are responsible
- derive statistics for monitoring progress in respect of the Local Plan and to inform Local Plan evidence
- provide statistics to government departments as required for example annual housing completions
The lawful basis on which we use this information
We collect and use this information for the purposes of carrying out our statutory functions under The Planning and Compulsory Purchase Act 2004 (Section 19), the Self Build and Custom Housebuilding Act 2015 and the Town and Country Planning (Brownfield Land Register) Regulations 2017.
In relation to age, gender, ethnicity and disability data we collect this information based on your express consent.
Collecting this information
Whilst the majority of the information you provide to us is mandatory, some of it is provided to us on a voluntary basis. In order to comply with the data protection legislation, we will inform you whether you are required to provide certain information to us or if you have a choice in this.
Storing this information
We hold your data in respect of the Local Plan process for the duration of the Local Plan process plus five years (or until the Local Plan is reviewed, whichever is longer). For the purposes of the self and custom build register until such times as a suitable plot has been secured and the self or custom build complete, or if we are informed that the person or association on the register no longer wishes to be included. For the purposes of the brownfield register until sites have been developed or circumstances change (the brownfield register is revised and updated annually).
Who we share this information with
We do not routinely share personal information with anyone in relation to the Local Plan process or brownfield registers. We do not intend to share special category data information with any third parties.
Information in relation to self and custom housebuilding registers will be shared as appropriate in respect of the duties set out in section 2 of the Self-Build and Custom Housebuilding Act 2015:
Duty as regards registers
- Each of the authorities mentioned in subsection (2) must have regard to each register under section 1 that relates to its area when carrying out the functions mentioned in subsection (4).
- The authorities referred to in subsection (1) are:
- county councils in England
- district councils
- The functions referred to in subsection (1) are functions relating to:
- planning
- housing
- the disposal of any land of the authority
- regeneration
Why we share this information
We share data with Kent County Council on a statutory basis under section 2 of the Self- Build and Custom Housebuilding Act 2015. This data sharing enables those authorities with a function in planning, housing, land disposal or regeneration to be aware of those individuals and associations on the register wishing to acquire a serviced plot of land to build their own homes and take action if appropriate to do so.
Public register
The council is required to keep a public register which records details of certain authorisations it issues. This register may contain personal data.
With regard to special category data, you can require the council to stop processing the information at any time, and ask for the information to be erased.
See About our Local Plan.
Requesting access to your personal data
Under data protection legislation, you have the right to request access to information about them that we hold. To make a request for your personal information please contact Adrian Stanfield, the council’s Data Protection Officer at foi@tmbc.gov.uk.
You also have the right to:
- object to processing of personal data that is likely to cause, or is causing, damage or distress
- prevent processing for the purpose of direct marketing
- object to decisions being taken by automated means
- in certain circumstances, have personal data rectified, blocked, erased or destroyed
- claim compensation for damages caused by a breach of the data protection regulations
If you have a concern about the way we are collecting or using your personal data, we request that you raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at How to make a data protection complaint to an organisation.
Further information
If you would like further information about this privacy notice, please contact Adrian Stanfield, the council’s Data Protection Officer at foi@tmbc.gov.uk.
The council collects and uses personal information for a number of purposes across all of its departments and functions. To find out more about how the council uses the personal information it collects, please refer to the Corporate privacy notice.