Planning Enforcement Case Investigation privacy notice

First published

23 Mar 2023

Last updated

23 Aug 2024

Planning Enforcement Case Investigation privacy notice

Find out how Stirling Council uses personal data by checking the Council’s website at the following address:

https://www.stirling.gov.uk/privacy-statement/

Our website contains a Register of Data Processing which lists all the different ways
in which the Council uses personal data.

This Privacy Notice provides more information about just one of those processes.

Who do I contact about my personal information?

The Council has a Data Protection Officer to make sure it is complying with data protection laws.

They can be contacted at:

Data Protection Officer
Stirling Council
Old Viewforth
14-20 Pitt Terrace
Stirling
FK8 2ET

Email: dataprotection@stirling.gov.uk
Telephone: 01786 404040

Why does the Council process personal information?

The data is processed to respond to the planning enforcement enquiries and to update complainants with information/progress on their enquiry.

In terms of the complaint subject the data is processed to allow for the timeous progression of the enforcement case. Information on complaint subject is a requirement if formal action is to be taken.

The type of personal information we collect

Complainants, Subjects of Complaints, Agents, Applicants Community Councils (Members). Name, Address, Email Address, Phone Number (Mobile and Landline).

What makes it lawful for the Council to process this personal information?

We process this personal data to comply with a statutory obligation and to perform a “public task” in the public interest - Town and Country Planning (Scotland) Act 1997 as amended, Town And Country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Planning etc. (Scotland) Act 2006

Where does the Council obtain personal information from?

Collected from letters, planning enforcement enquiry investigations forms (through council website), emails, telephone calls, meetings, site inspections.

Enquiries can straddle various services/teams as such, data is passed, where appropriate, from service to service. Data is initially collected for the purpose of enquiry  investigation and may for resolution purposes require the input of the planning enforcement team to complete and/or assist with resolution.

Where does the Council keep personal information?

In paper format, and in electronic format on the council network and in databases.

How long does the Council keep personal information?

Enforcement case files are kept for 5 years from end of calendar year. Enforcement registers are kept for 20 years from end of calendar year.

Who does the Council share personal information with?

The Council does not share this data

Your rights

You have the following rights under data protection laws. If you have a request under any of these rights, you can make a subject access request.

Access to your information

You have the right to request a copy of the personal information that we hold about you. This is known as a subject access request and is free of charge.  We must respond within one month, although this can be extended to three months if the information is complex.

Correcting your information

We want to make sure that your personal information is accurate, complete and up to date. Therefore you may ask us to correct any personal information about you that you believe does not meet these standards.

Deleting your information

You have the right to ask us to delete personal information about you where:

  • you think that we no longer need to hold the information for the purposes for which it was originally obtained
  • we are using that information with your consent and you have withdrawn your consent - see the 'withdrawing consent to using your information' section below.  Please note that in general we do not rely on consent as the legal basis for processing your personal information
  • you have a genuine objection to our use of your personal information - see 'objecting to how we may use your information' below
  • our use of your personal information is contrary to law or our other legal obligations.

Objecting to how we may use your information

You have the right at any time to tell us to stop using your personal information for direct marketing purposes, profiling or research purposes. 

Restricting how we may use your information 

In some cases, you may ask us to restrict how we use your personal information.  This right might apply, for example, where we are checking the accuracy of personal information that we hold about you or we are assessing the objection you have made to our use of your information. 

This right might also apply if we no longer have a basis for using your personal information - but you don't want us to delete the data.  Where this right is realistically applied will mean that we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.

Withdrawing consent to use your information

Where we use your personal information with your consent, you may withdraw that consent at any time and we will stop using your personal information for the purpose(s) for which consent was given.

Your request to transfer your data

If we are processing your personal information with your consent or as part of a contract with you, and it is held in an accessible and machine-readable format, you have a right to ask us to transmit it to another organisation. This is known as the right to data portability.

Our profiling or automated decision-making processes

We make some use of automated decision-making processes but very little use of profiling.  Where these techniques are used, this will be explained in the specific privacy statements relating to those functions, together with a description of the reason involved in any automated decision-making.

Complaints and comments

If you want to complain about or comment on how we have processed your personal information, you should email dataprotection@stirling.gov.uk

If you are still unhappy with how the council handled your complaint, you can contact the UK Information Commissioner's Office at:

The Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Phone: 0303 123 1113

You can find further information on the Information Commissioners Office website.

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