Your Personal Data
What information do we need?
Argyll and Bute Council will act as the ‘Data Controller’ for the personal data you provide to us. The Data Protection Officer, who is responsible for ensuring personal data is managed in accordance with data protection legislation, can be contacted as follows:
Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT.
Email: Iain.Jackson@argyll-bute.gov.uk or data.protection@argyll-bute.gov.uk
Telephone: 01546 604188 or 01546 605522
The information will include details such as your name, address, e-mail address and property details.
However in some case we may need to ask you for more personal information which is described in the legislation as Special Category Data or sensitive personal information. Unless specifically agreed with you, we will only collect personal data about you which does not include any special categories of personal information about you (also known as ‘sensitive personal data’).
Why we need this information
You are giving us your personal information to allow us to process building warrants and conduct all related statutory and enforcement actions in relation to these warrants including inspections and related enforcement actions.
We need to know this information in order to:
- To provide you with the services you have requested
- To contact you by post, email or telephone and
- To maintain our records
If you do not provide this information then we will be unable to provide those services to you. We will not collect any personal data from you that isn’t needed for delivery of those services.
Our legal basis for processing your information:
- Legal obligation – processing is necessary for compliance with a legal obligation in performing statutory duties under the Building (Scotland) Act 2003, and all associated regulations and orders specified in this act.
What we will do with your information?
Subject to the restrictions below, details of applications are made public in accordance with the procedural regulations, with information on the application available online, and drawings etc. available for copy or inspection at local authority premises.
The local authority may remove documents from the register if they are satisfied there are genuine security concerns. For those documents on the register there are also restrictions on their copying. The first restriction relates to non-residential buildings, prisons, a building where a person may be legally detained or otherwise held in custody, the Scottish Parliament or the Royal Private Estate and applies where the applicant has confirmed the disclosure or copying would raise security concerns. Details agreed between the verifier and the applicant will be withheld unless the owner of the building gives written permission for them to be released. Thus parts of applications for buildings such as banks may only be available with the owner’s written permission. The second restriction relates to all other residential buildings and copying is restricted to owners, occupiers or tenants, or prospective owners, occupiers or tenants of the relevant building or an adjoining building. There will thus normally be no need to further restrict access to any details in relation to residential buildings.
Enforcement actions will remain confidential unless the outcome of such results in decision of public interest wherein it may be added to the public record.
In order to provide this service(s), we will share your information with the service / agencies listed below for the purposes specified
- Regulatory and law enforcement bodies in compliance with legal obligations i.e. Scottish Government, Police
- Other Council services to help us improve our services i.e. Planning, Regulatory Services, Roads and Amenity Services
When you do not provide information directly to us, we may receive it from other relevant organisations including other Council services, Police
UK or International Data Processing
All of the information we collect from you will be processed by staff in the United Kingdom. You should be aware however that your data will be stored on servers located in within the United Kingdom; the data will not be processed outside the European Union. We will take all reasonable steps to ensure that your data is kept securely and more information on how we do this can be provided on request to
planning.maki@argyll-bute.gov.uk
How long will we keep your information?
We will usually keep your information for a minimum of 25 years for ‘ordinary’ building warrant applications and 50 years for ‘major’ building warrant applications , after this period it will be destroyed under secure arrangements if it is no longer required for the lawful purpose(s) for which it was obtained. More information on our retention schedule can be provided on request to planning.maki@argyll-bute.gov.uk
Automated Decision Making
There are no Automated Decision Making systems used for any of the purposes identified above
Your Rights
When you provide information to the Council, you will have the following rights:
- to withdraw consent at any time, where the lawful basis specified above is consent
- to lodge a complaint with the Information Commissioner’s Office – see below for details
- to request access to your personal data – please contact the Data Protection Officer if you wish to submit a request.
- to data portability, where the Legal basis specified above is i) consent or ii) performance of a contract
- to request rectification or erasure of your personal data, as far as the legislation permits – please contact the Data Protection Officer and provide details of what data you wish to be rectified or erased.
You can find out more about your rights in relation to data protection here: www.argyll-bute.gov.uk/data-protection or from the Data Protection Officer by telephone or in writing, as detailed above.
Information Commissioner’s Office
The ICO is the UK’s independent body set up to uphold information rights.
Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113 Email: casework@ico.org.uk
The Information Commissioner’s Office – Scotland
45 Melville Street, Edinburgh, EH3 7HL
Telephone: 0303 123 1115 Email: Scotland@ico.org.uk