Public Rights of Way Privacy Notice

For the processing to which this notice relates to be carried out we collect the following information:

• personal information – such as: name, address, email address, telephone numbers, landownership information and information about how an individual may use a particular right of way or area of land

• Some special category personal information – such as: information about ethnicity, or about an individual’s physical and/or mental health. This information is not actively collected however, it is sometimes voluntarily disclosed as part of a response to a consultation or is sometimes provided by individuals for context to support their complaint or enquiry

We collect personal information from individuals directly (e.g. by asking them to complete an online form, or when it is provided to our Customer Services Contact Centre). It may also be provided by HM Land Registry, or the Rural Payments Agency. We also collect personal information when the public correspond with us, make an enquiry or complaint or participate in a consultation.

Personal information might be used to assist us in carrying out our duties relating to one or more of the following activities:

1. Dealing with and responding to complaints, requests for service and enquiries from members of the public;
2. Taking enforcement and/or legal action or for procedures associated with the maintenance or obstruction of the rights of way network;
3. The recording of statutory declarations of non-intention to dedicate highways;
4. The processing of applications seeking to amend the rights of way network under the various legislation including evidence from witnesses; consultations and consultation responses; serving notices and dealing with objectors;
5. To enable appropriate liaison with contractors, volunteers and user-groups, and;
6. For the purposes of registering and regulating Commons and Town/Village Greens.
7. The processing of applications requesting temporary closure of public rights of way

 

The tables below sets out the legal basis for each of the activities that this privacy notice covers:

Personal Data Activity	Legal basis - GDPR Article 6	Data Protection Act 2018 - Section 8	UK Legislation
The recording of statutory declarations of non-intention to dedicate highways   The processing of applications seeking to amend the rights of way network under the various legislation including evidence from witnesses; consultations and consultation responses; serving notices and dealing with objectors For the purposes of registering and regulating Commons and Town/Village Greens.	(1)(c) to do so is necessary because of a legal obligation that applies to the Council		Section 53 Wildlife and Countryside Act 1981 Section 118 &119 Highways Act 1980 & section 257 Town and Country Planning Act 1990   Commons Act 2006
Dealing with and responding to complaints, requests for service and enquiries from members of the public   Taking enforcement and/or legal action or for procedures associated with the maintenance or  obstruction of the rights of way network;   To enable appropriate liaison with contractors, volunteers and user-groups The processing of applications requesting temporary closure of public rights of way	(1)(e) to do so is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority	(c) the exercise of a function conferred on a person by an enactment or rule of law,	Section 130 Highways Act 1980 Section 14 Road Traffic Regulation Act 1984

 

Special Category Data Activity	Legal Basis - GDPR Article 9	Data Protection Act 2018 condition	Other considerations
The processing of applications seeking to amend the rights of way network under the various legislation including evidence from witnesses; consultations and consultation responses; serving notices and dealing with objectors   Dealing with and responding to complaints, requests for service and enquiries from members of the public	(2)(g) processing is necessary for reasons of substantial public interest.	Part 2 of schedule 1 (6)	Commons Act 2006   Highways Act 1980   Town and Country Planning Act 1980   Wildlife and Countryside Act 1981

We sometimes need to share personal information within the Council or with other organisations. We will only share personal information when necessary and when the law allows us to, and we will only share the minimum information we need to. For public rights of way matters we may need to share information with:

• A Councillor (for example, if a complaint has been made to them about the Council);
• Project partners (for example the Trans Pennine Trail Office if the specific issue raised with us concerns the Trans Pennine Trail);
• Personal details of applicants and agents for Public Path Orders, Definitive Map Orders, Town and Country Planning Act Orders and Town/Village Green applications are a matter of public record and will be available for public scrutiny as required by the governing legislation upon submission of the application;
• Personal details contained within user evidence forms and statements of use are also a matter of public record. Before a legal order is made the personal details will be redacted from any disclosed user evidence form or statement of use. Once an order is made, or the application is the subject of an appeal, personal data will be forwarded onto the Planning Inspectorate, acting for the Secretary of State and made publicly available;
• Details of third parties contained in user evidence forms, interview notes or statements will not be disclosed unless required under the Wildlife and Countryside Act 1981;
• Deposits/declarations made under section 31 of the Highways Act 1980 are recorded on a register that is open to public inspection;
• Personal details from complainants or requests may be shared with internal Council Departments to ensure they are fully responded to.

In certain cases we may also share your information with other individuals and organisations. For example, if the sharing would help with a safeguarding issue, or help prevent a crime. Sometimes, we might share your information without your knowledge. The Council will never sell personal information to anyone else.

We will keep your information for different periods of time, depending on what we are using it for. We only keep your information for as long as we need to, after which we will either securely delete the information or transfer the information for historical preservation.

The law gives you specific rights over your information. These rights are:

• to be informed of our use of information about you;
• of access to information about you;
• rectify information about you that is inaccurate;
• to have your information erased (the ‘right to be forgotten’);
• to restrict how we use information about you;
• to move your information to a new service provider;
• to object to how we use information about you;
• not to have decisions made about you on the basis of automated decision making;
• to object to direct marketing; and,
• to complain about anything the Council does with your information (please see the ‘Complaints’ section below).

Some of the rights listed above apply only in certain situations, and some have a limited effect. Your rights are explained further in the Individuals’ Rights Procedure on our website, as is how to make a request under one or more of them.

You can request information about yourself by making a subject access request on this page of the Council’s website.

The Council is required by law to have a DPO. The DPO has a number of duties, including:
• monitoring the Council’s compliance with data protection law;
• providing expert advice and guidance on data protection;
• acting as the point of contact for data subjects; and,
• co-operating and consulting with the Information Commissioner’s Office (see ‘Complaints’ below).

The Council’s Data Protection Officer can be contacted by email at information.governance@doncaster.gov.uk

If you are unhappy with the way in which your information has been handled you should contact the Council’s Data Protection Officer so that we can try and put things right.

Alternatively, and if we have been unable to resolve your complaint, you can also refer the matter to the Information Commissioner’s Office (ICO). The ICO is the UK's independent body set up to uphold information rights, and they can investigate and adjudicate on any data protection related concerns you raise with them. They can be contacted via the methods below:

Website: www.ico.org.uk
Telephone: 0303 123 1113
Post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

This notice is kept under regular review to make sure it is up to date and accurate.