Public rights of way, common land, town and village greens privacy notice

Explanation of privacy and the policy

This is a Privacy Notice under the General Data Protection Regulations. This statement tells you who we are and explains what personal information we hold about you, how and why we collect it, how we use it and the legal basis for doing so, who we may share your personal information with, how long we will keep it and your rights and right to complain.

Your data will be held within Cornwall Council’s secure network and premises and will not be processed outside of the UK. Access to your information will only be made to authorised members of staff who are required to process it for the purposes outlined in this privacy notice. 

Who will control my data? 

The Data Controller for all the information you provide on this form is:

Cornwall Council, New County Hall, Treyew Road, Truro TR1 3AY. 

Data Protection Registration Number: Z1745294. 

We will ensure that your personal information we collect, process and use is done in accordance with the Data Protection Act 2018 and the EU General Data Protection Regulations. 

If you do not provide your personal information it may make it more difficult for us in the provision of our Public Rights of Way and Commons Registration service. 

How do we collect information?

Personal information is collected directly through online forms, when service requests are received by the Contact Centre and when the public correspond with us when making an enquiry, making a complaint or taking part in a consultation.

It is also collected when applications are submitted for services such as public path orders, definitive map modification orders, commons registration, non-intention to dedicate a highway or town and village green, etc. It may also be provided by HM Land Registry or the Rural Payments Agency. 

What information do we collect?

For the purposes which this notice relates, the management and maintenance of public rights of way and commons registration, we collect the following information: 

• Personal information – name, address, email address, telephone numbers, landownership information and information; 
• Special category personal information – such as about ethnicity or a person’s physical and/or mental health. Although this information is not actively sought, it may sometimes be voluntarily provided as part of a response to a consultation or in support of an enquiry or complaint. 

Why do we collect information and what is the legal basis for the collection and processing of your information?

There are a number of lawful purposes for which we collect personal information where ‘processing is necessary for compliance with a legal obligation’: 

• Statutory registers (Definitive Map Modification Order applications under the Public Rights of Way (Register of Applications under section 53(5) of the Wildlife and Countryside Act 1981) (England) Regulations 2005, Landowner Statements under Highways Act 1980 Section 31(6), and Commons Register under the Commons Act 2006 and Commons Registration (England) Regulations 2014; 
• Consultations on Public Path Orders (under both Highways Act 1980 and Town and Country Planning Act 1990); 
• Legal notices and orders; 
• Volunteering. 

How will we use your personal information? 

Personal information may be used to enable us to perform duties and provide services relating to the following activities: 

• Dealing with and responding to complaints, service requests including the reporting of faults and issues on public rights of way and enquiries from the public; 
• Enforcement action associated with the obstruction of public rights of way; 
• Recording of statutory declarations of non-intention to dedicate highways or a town or village green; 
• Managing changes and updates to the Commons Register;  
  Processing applications for path orders under various legislation including user evidence, consultations and consultation responses, serving notices and dealing with objectors; 
• Enabling liaison with contractors, volunteers and user-groups; 
• Processing applications requesting temporary closure of public rights of way. 

Who will we share your personal data with?

Personal data is not routinely shared and will be used only for business associated with Cornwall Council’s public rights of way and when it is necessary and we are legally allowed to. To enable us to deliver our services we may share your personal information with the following organisations: 

• CORMAC 
• DEFRA 
• Department of Transport 
• Devon and Cornwall Police 
• Environment Agency 
• Health and Safety Executive 
• Natural England 
• Rural Payments Agency 
• Planning Inspectorate 
• Town and parish councils 

The personal information of applicants and agents for Public Path Orders, Definitive Map Modification Orders, Town and Country Planning Act Orders and Town/Village Green applications are a matter of public record and will be available for public scrutiny as required by the governing legislation upon submission; 
Depositions and declarations under the Highways Act 1980 Section 31(6) are recorded on a statutory register that is open to public inspection; 
 
For Definitive Map Modification Orders, although it is not our preferred practice to share the information contained in completed forms before determining an application, you should be aware that your completed form may be made available to other parties who have a right to see it under the Freedom of Information Act 2000. You should also be aware that the information contained in your completed form will be included in the appendices to a report prepared by officers of the Council and may also be made available as part of a bundle of papers prepared for a future Public Hearing or Inquiry. 
 
Personal details contained within user evidence forms and statements of use are also a matter of public record. Before a legal order is made the personal details will be redacted. Once an order is made, or the application is the subject of an appeal, personal information will be forwarded to the Planning Inspectorate, acting on behalf of the Secretary of State, and made publicly available;  
 
Third parties’ details contained in user evidence forms, interview notes or statements will not be disclosed unless required under the Wildlife and Countryside Act 1981. 

Councillors (for example, if a complaint has been made to them about the Council);  
Personal details from complainants or requests may be shared with internal Council Departments to ensure they are fully responded to). 

How long do we keep your information? 

We will retain your personal information in accordance with the Batchelor Retention Guidelines and only for as long as is necessary so the length of time will depend on what we are using it for.  

Your rights and right to complain

Under the General Data Protection Regulations your personal information belongs to you and you have the right to:

• be informed how we will process your information and what we are doing with it and why,  
• request a copy of the information we hold about you and in commonly used electronic format if you wish,  
• have it amended if it’s incorrect or incomplete,  
• have it deleted (where we do not have a legal requirement to retain it) 
  withdraw your consent if you no longer wish us to process 
• restrict how we process it 
• object to us using it for marketing or research purposes 
• object to us using it in relation to a legal task or in the exercise of an official authority 
• request that a person reviews an automated decision where it has had an adverse effect on you 

If you would like to access any of the information we hold about you or have concerns regarding the way we have processed your information, please contact the Data Protection Officer, Assurance, Cornwall Council, County Hall, Truro TR1 3AY. Tel: 01872 326424. Email: dpo@cornwall.gov.uk 
 
We would prefer any complaints to be made to us initially so that we have the opportunity to see if we can put things right. However, if you are unhappy with the way we have processed your information or how we have responded to your request to exercise any of your rights in relation to your data, you can raise your concerns direct with the Information Commissioners Office. Tel: 0303 123 1113.