GDPR

• The SLP is a strategic level development plan document that is being prepared jointly by Cheltenham Borough Council, Gloucester City Council and Tewkesbury Borough Council.
• The councils have agreed that Tewkesbury Borough Council will act as the lead authority for the SLP and collects personal data on behalf of the three councils to enable them to consult during the plan making process.
• Under the Town and Country Planning (Local Planning) (England) Regulations 2012, the councils have a statutory obligation to consult the public on Local Plans. Under the Data Protection Act 2018 and UK GDPR the Council’s lawful basis for collecting information, including special category data is Consent and Public Task (UK GDPR Article 6 (a) and (e)).
• The contact information we collect from you is kept on a local plan consultation database so that we can contact you when we consult on future iterations of the plan making document.
• We are requesting some data from you (age, health and ethnicity) in order to ensure that we are consulting with a wide range of respondents. It is optional when responding to supply this information and will only be processed with your consent.

CitizenLab will collect the personal information listed below on our behalf through the registration process for the online consultation and engagement platform. CitizenLab will share the following personal information with the three SLP authorities:

• Contact information including your name, address, email address and telephone number.
• Your response to the local plan consultation.
• Optional information we may ask you for includes your age, health and ethnicity – this is to help us check that we have reached a wide range of people and will never be mandatory. This information will be separated out for statistical reporting only.
• If you participate in an online consultation workshop your login name will be displayed and any comments you make may be treated as consultation responses. If the workshop is recorded this will be made clear at the beginning of the workshop so that you can switch off your camera if you do not wish your image to be captured.

• The information you provide is separated into the following types of data a) personal data b) data that relates to your response c) any optional data concerning age, health and ethnicity.
• Responses to consultations are used to inform future stages of plan making and ultimately become evidence for public examination of plans. These will be shared with the three SLP authorities (Cheltenham Borough Council, Gloucester City Council and Tewkesbury Borough Council) and published on the SLP website, consultation portal and the three SLP authority’s websites. If we publish any of your responses or comments, we will edit them to exclude your personal information.
• Your personal information will not be made available to the public, but is shared between the three councils, to the consultation portal and with the Inspector of the SLP and their programme officer. They may use this information to contact you regarding your response(s) to the SLP consultation(s), both generally and where legally required to under the Town and Country Planning (Local Planning) (England) Regulations 2012.
• Your personal information shared between the three councils, will also be used to notify you of other planning policy consultations and activities, such as neighbourhood planning and supplementary planning documents, unless you have not asked to be so notified/withdrawn your consent.

There may be occasions where we transfer your data outside the UK. This is because we use software which is cloud hosted outside of the UK, and we have appointed a sub-processor, CitizenLab, which stores data outside the UK. In the event that an international data transfer is necessary we will ensure your data is processed securely and that one of the following conditions are met:

• The country receiving the data is considered by the EU to provide and adequate level of data protection under the UK GDPR and Data Protection Act 2018;
• The organisations receiving the data is covered by an arrangement recognised by the UK as providing an adequate standard of data protection under UK Data Protection Legislation;
• The transfer is governed by approved UK contractual clauses.

Information is kept in line with Tewkesbury’s planning policy retention schedule.

• Consultation responses are retained for the length of the plan-making process for the particular plan that was responded to.
• Responses will be removed upon adoption of the plan and following the clearance of any legal challenge periods.
• Contact details on the local plan consultation database will be retained indefinitely or unless we are requested to remove them by the consultee.

We collect the information from members of the public, statutory bodies and those in the development industry who wish to respond to the SLP consultation.

If we do not collect this information the council would be in breach of its’ statutory planning obligation to consult on local plans as set out in the Town and COuntry Planning (Local Planning) (England) Regulations 2012.

If you withdraw your consent to the councils holding your personal data before the plan is submitted to the Secretary of State, your comments will not be taken into account and we will not be able to advise you of any future consultations.

If you withdraw your consent after the plan has been adopted, your comments will be retained as evidence and for historical research, but your personal data will be removed, making them anonymous.

No decisions are made about you by automatic means.

By law, you have a number of rights as a data subject, and this does not take away or reduce these rights.

These rights are:

• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

All information is processed in accordance with Tewkesbury Borough Council’s data protection policy.

If you wish to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the council’s Data Protection Officer in writing at dpo@tewkesbury.gov.uk, or via post to:

Tewkesbury Borough Council
Public Services Centre
Gloucester Road
Tewkesbury
Gloucestershire
GL20 5TT

If you are unhappy or wish to complain about how your personal data is used, you should contact Tewkesbury Borough Council’s Data Protection Officer in the first instance via email at dpo@tewkesbury.gov.uk.

If you are still not satisfied, you can complain to the Information Commissioner’s Office. Their website address is www.ico.org.uk and their postal address is:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

We use technical, organisational, and administrative security measures to protect any information we hold in our records from loss, misuse, and unauthorised access, disclosure, alteration and destruction. We have written procedures and policies which are regularly audited, and the audits are reviewed at senior level.