Planning and Building Standards Statutory Functions Privacy Statement content
Who we are?
Dundee City Council is a local authority established under the Local Government etc. (Scotland) Act 1994. Our head office is located at 21 City Square, Dundee, DD1 3BY and you can contact our Data Protection Officer by post at this address, by email at firstname.lastname@example.org or by telephone on 01382 434206 if you need any further information.
Why we need your personal information and what we do with it?
You are giving us your personal information to allow us to allow us to carry out our statutory functions under the Town and Country Planning (Scotland) Act 1997, Building (Scotland) Act 2003, Licensing (Scotland) Act 2005, Civic Government (Scotland) Act 1982 and related legislation.
We also use your information to verify your identity where required, contact you by post, email or telephone and to maintain our records.
Legal basis for using your information
We provide these services to you as part of our statutory function as your local authority. You can find more details of our role on our website. Processing your personal information is necessary for the performance of a task carried out in the public interest by the council and necessary for compliance with a legal obligation to which the council is subject.
If you do not provide us with the information we have asked for then we will not be able to provide this service to you.
We also in some cases need to process more sensitive personal information about you for reasons of substantial public interest as set out in the Data Protection Act 2018. It is necessary for us to process it to carry out key functions as set out in law.
Who do we share your information with?
We are legally obliged to safeguard public funds so we are required to verify and check your details internally for fraud prevention. We may share this information with other public bodies (and also receive information from these other bodies) for fraud checking purposes.
We are also legally obliged to share certain data with other public bodies, such as HMRC and will do so where the law requires this. We will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate.
Personal data you have provided will also be made available online as required to allow us to carry out our statutory functions under the Town and Country Planning (Scotland) Act 1997, Building (Scotland) Act 2003, Licensing (Scotland) Act 2005, Civic Government (Scotland) Act 1982 and related legislation.
We may also share your personal data which you have provided with other statutory bodies and consultees.
How long do we keep your information for?
Section 36 of the Town and Country Planning (Scotland) Act 1997 as amended requires the Local Authority to retain personal information as part of the Register of Planning Applications. Details contained within Part 1 of the Register must be kept until any application, or if relevant, any appeal is determined. In accordance with Scottish Government guidance, this information will be retained for at least 10 years by the Council. Details held within Part 2 of the Register must not be disposed of and are retained indefinitely by the Council.
Part one of the Building Standards Register requires the Local Authority to retain personal information relating to a Building Warrant for all time. However, any personal information contained with Part two of the Register is required to be kept for a minimum of 25 years.
Your Rights Under Data Protection Law
- Access to your information – you have the right to access the information we hold on you. There are two ways to access your data:
Subject Access Request: you have the right to request a copy of the personal information that we hold about you.
Data Portability: you can ask us for a copy of your information so that you can re-use it and we will provide it in a machine-readable format. This is a qualified right, which means it only applies in certain circumstances and only relates to information you have given directly to us.
- 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.
- Deletion of 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
- 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.
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.
Please contact us as stated above if you wish to exercise any of these rights.
Information you have given us about other people
If you have provided anyone else's details on this form, please make sure that you have told them that you have given their information to Dundee City Council. We will only use this information to contact them in relation to the application/correspondence you have made or in carrying out the related planning or building standards function.
If they want any more information on how we will use their information they can visit our website or contact us by email.
We aim to directly resolve all complaints about how we handle personal information. If your complaint is about how we have handled your personal information, you can contact the Council's Data Protection Officer by Email or by Phone on 0141 287 1055.
However, you also have the right to lodge a complaint with the Information Commissioner's Office, who can be contacted by post at:
Information Commissioner's Office
Cheshire SK9 5AF
Phone: 0303 123 1113 (local rate) or 01625 545 745 or visit their website
Please note if your complaint is not about a data protection matter or concerns the handling of personal information please contact us using the complaints procedures in place.