Neighbourhood Planning privacy notice

Brighton & Hove City Council is committed to protecting your personal information. As a data controller we have a responsibility to make sure you know why your personal information is being collected and how it will be used in accordance with relevant data protection law.

The primary laws which governs how Brighton & Hove City Council collects and uses personal information (known as “data”) about you are:

This privacy notice explains how personal information collected during consultations for Neighbourhood Planning will be used.

Information held about you

Planning legislation and regulations (the Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 and The Neighbourhood Planning Regulations 2015) require Brighton & Hove City Council to make publicly available the details of representations submitted as part of a neighbourhood plan consultation.

When you submit a representation to us as part of a neighbourhood plan consultation these are kept as part of the public record. We have a statutory duty to make them available for any member of the public to see on this website. This includes documents and consultation responses received in paper format, which we scan and keep electronically.

It is necessary for us to collect and hold some limited personal information about you. This information will include:

basic details about you such as your name and email address
details of representations you have made during periods of any neighbourhood plan consultations

However, details such as signatures, names, telephone numbers and email addresses will be redacted before being published on the website.

Who is processing your data

All personal data held, is processed in accordance with data protection law. The data controller for the information outlined in this privacy notice is Brighton & Hove City Council.

How we will use the information we hold about you

We will collect information about you (where applicable) to:

tell you if your representations lead to further queries from the examiner as part of the plan making process

How the law allows us to use your information

The lawful basis for processing the data is our legal obligation under The Neighbourhood Planning (General) Regulations 2012 (as amended).

Who we will share your information with

We may share your information with partner organisations, including:

the parish council or neighbourhood forum which prepared the neighbourhood plan that you have commented on
the examiner appointed to assess the neighbourhood plan in accordance with the regulations

However, we will not share your information with other organisations without your consent.

How long we keep your personal information

We will only keep your information for the minimum period necessary. This will be three months after adoption of the neighbourhood plan to ensure any legal challenge periods have expired. All information will be held securely and destroyed under confidential conditions.

How your data will be stored

Your information will be stored electronic databases, document management systems and on paper records.

How we protect your data

Examples of the security measures we use:

training for our staff making them aware of how to handle information securely and how and when to report when something goes wrong
we use encryption when data is sent, meaning that information is scrambled so that it cannot be read without access to an unlock key, the hidden information is said to then be ‘encrypted’
data will be pseudonymised where possible, meaning that your identity will be removed, so work can be done without your identity being known by the people doing the work
controlling access to systems and networks to stop people who are not allowed to view your personal information from getting access to it
regular testing of our technology and ways of working, including keeping up to date on the latest security updates (commonly called patches)

Transferring data outside the United Kingdom

Your information is not processed outside of the United Kingdom.

Your rights

You have the following rights in relation to your personal information:

the right to be informed – you have right to know about the collection and use of your personal data. We will inform you through our service-specific notices
the right of access – you can request to know what information we hold on you along with an explanation for how it is used by making a “Subject Access Request”
the right to rectification – you have the right to ask us to update, amend or change your information if it is factually inaccurate or incomplete
the right to erasure – you have the right to ask us to delete your personal information where it can be shown that we no longer have a lawful basis to retain it or the information was collected on the basis of consent only and you have withdrawn your consent

How to get advice or make a complaint

Data Protection Officer

If you have a concern about how we collect or use your personal data you can contact the Council’s Data Protection Officer.

How to make a complaint

We aim to resolve all complaints about how we handle personal information. You also have the right to make a complaint about data protection to the Information Commissioner's Office.

Contact them by post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or phone 0303 1231 113.

You can also make a complaint or find out more information on the Commissioner's Office website.

If your complaint is not about data protection, find details on how to make a complaint about a council service.

This privacy notice will be subject to review when there is a change.