Place-shaping and economic growth privacy notice

This privacy notice is to let you know how we promise to look after your personal information. This notice explains how we do this and tells you about your privacy rights and how the law protects you.

This privacy notice covers the following areas of the place-shaping and economic growth service:

  • development management and building control including planning enforcement
  • planning policy
  • housing delivery
  • strategic property
  • economy and transport

What information do we collect?

The type of information we collect will depend on why you have got in touch with us. The information will include some or all of the following:

  • name
  • address
  • contact details
  • reason why you have contacted us
  • contacts that we have had with you
  • dates of occupancy
  • rental agreements and landlord details
  • tenancy agreements
  • date of birth, NI number
  • financial information
  • benefits your receive, medical information
  • claims submitted by third parties

Who uses this information?

Which areas internally to Harrogate Borough Council use this data:

  • officers within the service
  • other council officers where it is legal to do so

External to Harrogate Borough Council

  • information may be shared with funding bodies auditors as required
  • contractors to fulfil contractual obligations
  • externally funded projects, where the third party is the data controller
  • consultees

Why do we use this information?

  • formulating planning policies
  • processing planning applications
  • processing possible breaches of planning legislation
  • processing building control applications
  • processing land charge searches
  • to fulfil day property management responsibilities
  • engaging with business as part of our economic development function
  • to support grant claims

What authority does Harrogate Borough Council have to collect and use this information?

The place-shaping and economic growth service process personal data under the following categories of lawfulness in the General Data Protection Regulation:

6(1)(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes
6(1)(b) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract
6(1)(c) processing is necessary for compliance with a legal obligation to which the controller is subject
6(1)(d)Processing is necessary in order to protect the vital interests of the data subject or of another natural person
6(1)(e) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
9(2)(e) processing relates to personal data which are manifestly made public by the data subject
9(2)(f) processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity
9(2)(j) processing is necessary for archiving purposes in the public interest, scientific, historical research purposes or statistical purposes

The tasks that we carry out in the exercise of official authority are mainly required under the following laws (although other legislation applies)

  • Part 2 of the Planning and Compulsory Purchase Act 2004, as amended
  • The Town and Country Planning (Local Planning) (England) Regulations 2012, as amended
  • Land Charges Act 1975
  • The Localism Act 2011
  • The Equality Act 2010
  • Safeguarding Vulnerable Groups Act 2006
  • the Building Act 1984 and the Building Regulations 2010
  • Landlord and Tenant Act 1954 (as amended)
  • Anti-social Behaviour Act 2003

Who are we likely to share this information with?

We may sometimes share the information that we have collected about you where it is necessary, lawful and fair to do so. We may share information with the following groups for these purposes:

  • other council services - to help us carry out the functions that we need this information for. We also share an information system with some other council services - Environmental Protection and Licensing
  • other government departments - communities and Local Government
  • judicial agencies
  • comments made in relation to planning applications or planning policy will be made available online
  • elected representatives
  • funding bodies
  • contractors
  • LEP/North Yorkshire County Council - other LA's
  • North Yorkshire Fire Service - to access fire safety assistance for vulnerable service users
  • Freedom of Information (FOI)/Subject Access Requests (SAR)/Environmental Information Requests (EIR)

Sharing information during the Covid-19 pandemic crisis

Personal data or special category data may be shared with relevant organisations and agencies during the Covid-19 pandemic crisis. The lawful basis for sharing this information is that (1) it is necessary for the performance of a task in the public interest and (2) to protect the vital interests of an individual.

How do we keep this information secure?

  • information that is held electronically is either held in files that are held on the council's servers or dedicated databases. These systems are password protected and only accessible to people who need access to them
  • information that is held on paper is either stored in offices that are subject to access controls or in the dedicated archive provision for the council. Where information is removed from the office for operational purposes the amount of this is minimised and staff are trained to ensure that this is kept secure at all times
  • audio based information, such as records of PACE interviews, are kept in locked storage within an access controlled office

When do computers make any decisions about you?

The place-shaping and economic growth service does not make or use any automated decisions

When does your data gets sent to other countries?

We generally do not send any information we collect about you outside the United Kingdom unless the information is collected in relation to a project funded the European Commission

How long do we keep this information?

The length of time that we keep information for varies depending on what we use this information for, because there are different business and statutory needs for different processes that we follow. The information will be retained until the relevant retention period is reached.

Information on planning and building control applications are held in perpetuity

Local Land Charges - information within the Local Land Charges Register retained indefinitely unless a specific request is received from the originating authority for it to be removed. Information supplied with a request for a Local Land Charges search retained for a minimum of seven years.

Policy - as long as is required for the local planning making process.

Economic Growth Transport - seven years

Strategic Property - the minimum time we will need to keep the data is for the full cycle of plan making in order that we can keep people up to date.

What are your rights?

You have the right to request Harrogate Borough Council to stop processing your personal data in relation to any council service. Please read our main privacy notice for further details.