Planning and Environmental Appeals: privacy notice

Scottish Government Planning and Environmental Appeals Division Privacy Notice

This privacy statement explains how we use any personal information we collect about you.

What we do

The Planning and Environmental Appeals Division (DPEA) of the Scottish Government determines appeals against certain decisions made by planning authorities and other bodies across Scotland. This includes planning, listed building, advertisements, lawful use, high hedge and appropriate alternative development appeals.

Other key areas of our work include the examination of strategic and local development plans, and public local inquiries held in connection with applications for consent under the Electricity Act 1989, compulsory purchase and other orders, and core path plans promoted by access authorities under the Land Reform (Scotland) Act 2003.

In the majority of cases handled by DPEA a reporter is appointed by Scottish Ministers to carry out the examination of a case and make the final decision. In certain cases the reporter will report with recommendations to Scottish Ministers or other public body who will then make the final decision.

What information we collect about you

When determining appeals or processing other casework, DPEA receives a variety of personal information from a number of sources, including appeal forms and documents of support. The types of personal information supplied can include:

• only use the information for the purposes of dealing with and considering the appeal or other casework
• only publish the information for as long as reasonably necessary. For completed appeals and other casework this is usually for a period of 7 years after the date of the final decision. There are two exceptions to this rule, as follows:
  • documents which include, amongst others, letters issued by DPEA and letters of representation received from members of the public, which will be removed 12 weeks after the date of the decision
  • documents which include, amongst others, the initial appeal or application documentation, the decision and other selected key documentation, are retained for a period of 30 years

See DPEA's Case Publication Protocol for more information on our arrangements for publication and removal of documents from our web publication site.

After the 12 week and 7 year periods have expired the documentation you have submitted and any personal information contained therein will be retained for a period of fifteen years in line with the Scottish Government file retention policy, except for those documents that contain information deemed necessary to the public interest, which will be retained for a period of 30 years

Your responsibilities

• only provide personal information if you are happy for it to be placed in the public domain, including publication on the internet.
• do not include personal information about another person (including family members) unless the individual concerned has consented and you can, if required, provide evidence of this consent.
• tell us as soon as possible if any of the personal information you have provided should change.

Access to your personal data

For any enquiry or concern about this privacy policy, DPEA’s general privacy policy, or to request access to your personal data (a Subject Access Request) please contact the Scottish Government Data Protection Officer via:

• in writing to the Data protection and Information Assets Team, Information and Technology Services, V Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD, or
• by e-mail to dpa@gov.scot

For details of how to access your personal data please see further information at https://beta.gov.scot/publications/subject-access-request-form/. We aim to resolve any enquiries or concerns about the processing of your personal data to your satisfaction. However if you are not satisfied with our response, you may contact the Scottish Government Data Protection Officer by e-mail dpa@gov.scot, by telephone 0131 244 9430 or in writing to Scottish Government, Data Protection Officer, Directorate for Internal Audit and Assurance, Area 3D North, Victoria Quay, Edinburgh, EH6 6QQ. If you remain unhappy you can contact the Information Commissioner’s Office, 45 Melville Street, Edinburgh, EH3 7HL, by telephone 0303 123 1115 or by e-mail scotland@ico.org.uk

Other websites

Websites which may be accessible through links to “related sites” from the DPEA web pages are not covered by this privacy statement, so when you link to other websites you should read their own privacy policies.

Webcasting

DPEA will film and/or record pre-examination meetings, hearings and inquiries held in relation to our casework in order to enhance public access to open and transparent discussions on planning and related casework. This includes “virtual” meetings held by Zoom or other means. For meetings that parties are physically attending DPEA will use best endeavours to ensure that the public seating areas will not be filmed. In relation to “virtual” meetings only those parties participating who have enabled their camera will be recorded - any party who is only viewing the proceedings will not be recorded. Any party participating who does not want their image recorded or filmed should speak to DPEA staff in advance of the session opening..

Recent webcasts and an archive of recordings can be found at https://dpea.public- i.tv/core/portal/home

The recordings will now be available on the video publication site for 7 years from the date the final decision is made, after which they are removed from publication and destroyed. Reporting data relating to the recordings, such as viewer location or IP address, is retained for 2 years.

You have the right to see filmed images of yourself and be provided with a copy subject to certain criteria. Please see above information relating to completing a Subject Access Request.

DPEA Annual Review

DPEA retains contact details of stakeholders who we send a copy of our Annual Review. The legal basis for processing this information falls within Article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR) – processing is necessary for the performance of a task carried out in the public interest.

DPEA Stakeholder Group

DPEA retains contact details of our current Stakeholder Group for the purposes of making arrangements and circulating papers relating to 6 monthly meetings of this Group. The legal basis for processing this information falls within Article 6(1)(e) of the UK General Data Protection Regulation (UK GDPR) – processing is necessary for the performance of a task carried out in the public interest.

DPEA privacy notice

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