The right to buy land to further sustainable development: DPIA

Annex A – ICO Enquiry form

Annex A: Article 36(4) Enquiry Form

This form is for public authorities that are developing a legislative proposal or statutory guidance that relates to personal data. It will provide a template for you to enter information relevant to Article 36(4) of the General Data Protection Regulation (GDPR) in order to streamline the process of consulting with the Information Commissioner’s Office (ICO).

Title of proposal:

Bringing into force Part 5 of the Land Reform (Scotland) Act 2016 - The right to buy land to further sustainable development through the following secondary legislation:

The Right to Buy (Sustainable Development) (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing) (Scotland) Regulations 2020

The Right to Buy (Sustainable Development) (YYYY) (Scotland) Regulations 2020

Your department:

Land Reform Policy and Legislation Team, Scottish Government.

Contact email:

Seton A (Alison) Alison.Seton@gov.scot and

Bierley C (Christopher) Christopher.Bierley@gov.scot

Data Protection Officer Contact email:
(If different from above)

stuart.gardner@gov.scot

Is your proposal primary legislation, secondary legislation or a statutory measure?

Secondary legislation - Scottish Statutory Instrument

Name of primary legislation your measure is based on
(if applicable)

Part 5 of the Land Reform (Scotland) Act 2016

Provide a broad summary of which aspects of your proposal relate to personal data

Personal data will be collected within applications to purchase land in addition to other documents relevant to the applications. The personal data will include the applicants’ names and postal and email contact addresses as well as those of land owners and others having a controlling interest in the land.

The above information is to be provided for publication in a new register, the ‘Register of Applications by Community Bodies to Buy Land’ (in accordance with the requirements set out in section 52 of the Land Reform (Scotland) Act 2016). The register will contain a copy of the application to exercise the right to buy under Part 5 in addition to notifications and notices given by Scottish Ministers under Part 5 as well as other information relevant to the application.

We do not intend that the personal data collected under the Part 5 application process will be sensitive or special category data or information about criminal convictions or offences.

What stage is your legislation or statutory measure at and what are your timelines?

A 12 week consultation on making regulations to bring into force Part 5 Reform (Scotland) Act 2016 closed on 19 September. Following that, Scottish Government lawyers, working with land reform policy officials, have prepared regulations to bring Part 5 into force, and we plan to lay these in Parliament in January.

1. [FINAL]

Question

What issue/public need is the proposal seeking to address?

Comments

The aim of the proposal is to create a new community right to buy land for sustainable development by drafting and laying regulations to bring Part 5 of the Land Reform (Scotland) Act 2016 into force. Bringing into force Part 5 is a key Scottish Government commitment, and Part 5 primary legislation was scrutinised, amended and approved by Parliament during the consideration of the Land Reform (Scotland) Bill 2015, which on Parliamentary approval became the Land Reform (Scotland) Act 2016.

Does your proposal create a new power or obligation for the processing of personal data?

The regulations specify what data must be collected and what data must be made publicly available. All information contained within the Register of Applications by Community Bodies to Buy Land will be made available for public inspection. The data will most likely be made available through an online search facility.

Any sensitive data will be withheld and kept by the Community Land Team within the Scottish Government. Nothing in the regulations requires sensitive data to be provided, but it’s always possible that a member of a community which is seeking to acquire land, or a land owner or tenant who is the subject of a right to by application, may submit sensitive data voluntarily if they believe it would bolster their case. Such data would only be kept for as long as needed to consider the right to buy application.

Does your proposal relate to the collection of personal data?

It creates a new register, the ‘Register of Applications by Community Bodies to Buy Land’ (in accordance with the requirements set out in section 52 of the Land Reform (Scotland) Act 2016). The register will contain a copy of the application to exercise the right to buy under Part 5 in addition to notifications and notices given by Scottish Ministers under Part 5 as well as other information relevant to the application.

If you’ve answered yes to the above question, what data items might this include?

The names and contact addresses of applicants to buy land for sustainable development under Part 5 as well as the names and contact addresses of the owners of, and those with a controlling interest in, the land that is the subject of the right to buy application.

Maps will also be included, but given that there is nothing that could not be found on an ordinance survey map or as part of a land search, we don’t believe that this would include information that would not be available via some other means.

And is this information collected directly from the data subject or from elsewhere? Please provide further details.

The community right to buy applicants will be volunteering their names, office positions within the Part 5 community body and main office address (which could sometimes be a person’s home address, but there is nothing novel in this).

When a community body submits an application to Scottish Ministers, it will include details of the land owner and sometimes a (non-residential) tenant, and may include details of other businesses, trusts or charities (Such as the RSPB for example) working on or with the land. However, this will only be information that can be found through other means, such as through the land registry or companies house. Only data is presented that is relevant to the application. For example, the registered office address of the land owner is essential, but we have no interest in collecting any personal information about the land owner, such as their gender or sexuality, religious or political beliefs, or number and ages of their children. These are personal matters would have nothing to do with a right to buy application and such data would not be collected.

Would your proposal affect a specific group? E.g. children, vulnerable individuals, elderly?

No.

Does your proposal relate to the processing 'special categories' of personal data, or  'criminal convictions or offences data'?^[1]

No.

Does your proposal involve the sharing of personal data with another government department or 3rd party that you were not previously sharing with?

No.

Is there anything potentially controversial or of significant public interest in your policy proposal?

No.

Have you conducted a data protection impact assessment on your proposed legislation?

No. Registers of Scotland will be the data controllers and they own the IT infrastructure.

2. NEXT STEPS

Page 2

2.1 [FINAL]

This form should be reviewed by your Data Protection Officer before being submitted to the ICO.

To submit the form, email a copy to the ICO inbox at legcon@ico.org.uk.

You should copy and paste the below text into the subject line of your email to ensure your request is dealt with promptly.

Email subject line: Art 36(4) - Consultation request - [Land Reform Policy and Legislation Team] - [The Right to Buy (Sustainable Development) (Eligible Land, Specified Types of Area and Restrictions on Transfers, Assignations and Dealing) (Scotland) Regulations 2020 etc and The Right to Buy (Sustainable Development) (YYY) (Scotland) Regulations 2020]