South Tyneside Local Plan Privacy Notice

1. Introduction

This notice provides additional privacy information regarding the South Tyneside Regulation 19 Publication draft Local Plan.

We will keep our privacy notice under regular review and will advise you of any updates on our website.

This Notice was last reviewed in June 2022.

2. Who we are

For the purposes of Data Protection legislation, South Tyneside Council is the Data Controller.

3. What type of personal information do we collect?

We may collect the following types of personal information:

  • Name
  • Address
  • Email address
  • Organisation

4. How do we collect personal information?

We may collect your personal information in a number of ways, for example:

  • In writing - for example letter or email
  • Online consultation portal
  • Telephone

5. Why do we collect your personal information?

The Council will publish names, organisations and the content of representations on its website.

Other personal information, including email and property address details, will not be published or made available for public inspection.

However, all representations, including all submitted personal information, will be provided to the Local Plan Examination Programme Officer (potentially an external contractor), the Planning Inspectorate and the person appointed by the Secretary of State to conduct the examination and made available in line with the relevant Regulations.

The Planning Inspectorate has published a Privacy Statement on managing personal information, accessed through the published procedural guide for Local Plan examinations.

Representations are submitted on the basis that you consent to the use of your data, including to keep you informed of Local Plan progress.

Your contact details will be held on the Local Plan Consultation database for this purpose, and relevant notifications will be sent to you at appropriate stages.

The content of your comments may reveal personal information about yourself or others. It is your responsibility to ensure that your submitted comments do not reveal personal information about others.

By submitting a representation (comment), you confirm that you agree to how we process your data and accept responsibility for your comments.

6. Who might we share your personal information with?

Organisations that the Council may share information with include the Planning Inspector appointed by the Secretary of State or any other similar individual and government organisation.

We will not share your personal information with any other third parties unless you have specifically asked us to, or if we have a legal obligation to do so.

7. How long will we keep your personal information?

In relation to the activity of consultation to gain approval for the Local Plan, information will be retained permanently but all records will be reviewed after 3 years as indicated in the Information and Record Management Society of Great Britain (IRMS) section 10.2 page 73.

This applies to:

  • Consultation documents and replies
  • Inquiries and objections made by members of public
  • Public Inquiry documents

Where you have indicated an interest in being notified of future planning consultations, your personal data will be held to enable you to be notified of relevant consultations.

Your information will be disposed of in a controlled and secure manner in accordance with the Council's Policy.

8. What is our legal basis for using your personal information?

To use your personal information there must be a lawful basis to do this, such as, through a contract, performing a public task or where there is a legal obligation. 

Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing this information is that we need it to perform a public task.

9. How do we keep your personal information secure?

All the information the Council collects is stored securely on our IT system and manual filing systems.

The Council has strict procedures for the way this is done.

Any and all information about you is treated as confidential and with respect.

There are also clear rules and guidance about storing, recording and sharing information which staff receive training on.

The Council have implemented accepted standards of technology and operational security in order to protect personal data from loss, misuse, or unauthorised alteration or destruction.  

Please note, however, that where you are transmitting information to us over the internet this can never be guaranteed to be 100% secure.  

10. Is your personal information used overseas?

We will not process your personal information outside of the European Economic Area (EEA).

11. What are your rights?

Your individual rights are set out in law. 

Subject to some legal exemptions, you have the following rights:

  • Right to be informed
  • Right of access
  • Right to rectification
  • Right to erasure
  • Right to restrict processing
  • Right to data portability
  • Right to object
  • Rights in relating to automated decision making and profiling

12. Contact us

If you would like to exercise your rights in relation to your personal information, or you feel that something has gone wrong with your personal information, you can contact us in either of the following ways:

By email: data.protection@southtyneside.gov.uk

By telephone: 0191 424 6539

In writing:

South Tyneside Council,                         
Information Governance,                             
Town Hall and Civic Offices,                             
South Shields,
NE33 2RL

If you feel that the Council has not handled your information correctly you can contact the Information Commissioner's Office (ICO). 

The ICO is the Government's Independent Body responsible for overseeing data protection. 

In most cases the ICO will only review cases that have exhausted the Council's internal procedures.

The ICO's contact details are as follows: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

More information can be found on the ICO's website at www.ico.org.uk.