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Public Rights of Way Commons Act 2006 Evidence privacy notice

This notice explains what personal data (information) we hold about you, how we collect, how we use and may share information about you. We are required to give you this information under data protection law.

Who we are

Kent County Council (KCC) collects, uses and is responsible for certain personal information about you. Where we do so, we are regulated by the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as the ‘controller’ of that personal information for the purposes of that legislation.

The personal information we collect and use

Information collected by us

In the course of determining an application for the registration of land as a town or village green, evidence in the form of questionnaires or statements is usually provided as part of this process, and we therefore collect the following personal information when you provide it to us:

  • name
  • contact details (address, telephone number, email address)
  • your statement and any accompanying documents (where they include personal information).

How we use your personal information

We use your personal information to provide evidence to assist with our statutory obligation to determine the application. Your personal contact details may be used to contact you regarding your evidence submission (where necessary).

How long your personal data will be kept

We will hold your personal information permanently. If, for whatever reason, we are unable to proceed with the application (for example, because its submission does not meet the legal tests), the documents provided will be securely destroyed.

Reasons we can collect and use your personal information

The lawful basis on which we collect and use your personal data is that ‘processing is necessary for the compliance of legal obligation’. Under section 4 of the Commons Act 2006, the County Council is the ‘Commons Registration Authority’ for the area and has a legal duty to maintain the Registers of Common Land and Village Greens, including dealing with applications to amend those registers.

As we have a statutory basis for collecting your personal data, if you do not provide any contact details we may be unable to rely on your evidence in our decision-making process.

Who we share your personal information with

Applications and any representations made cannot be treated as confidential. To determine the application, it will be necessary for Kent County Council (as the Commons Registration Authority) to disclose information received from you to others, which may include landowners (and their representatives), other local authorities, government departments, public bodies, other organisations and members of the public.

We will also share personal information with law enforcement or other authorities if required by applicable law.

Your rights

Under the GDPR you have rights which you can exercise free of charge that allow you to:

  • know what we are doing with your information and why we are doing it
  • ask to see what information we hold about you
  • ask us to correct any mistakes in the information we hold about you
  • object to direct marketing
  • make a complaint to the Information Commissioners Office.

Depending on our reason for using your information you may also be entitled to:

  • ask us to delete information we hold about you
  • have your information transferred electronically to yourself or to another organisation
  • object to decisions being made that significantly affect you
  • object to how we are using your information
  • stop us using your information in certain ways.

We will always seek to comply with your request, however we may be required to hold or use your information to comply with legal duties. Please note: your request may delay or prevent us delivering a service to you.

For further information about your rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioners Office (ICO) on individuals’ rights under the General Data Protection Regulation.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Who to contact

UK GDPR also gives you right to lodge a complaint with Information Commissioner, who may be contacted via the Information Commissioner's website or call 03031 231113.

For further information visit about the website privacy statement