CPO Privacy Notice

Where reference is made to a compulsory purchase order, Tunbridge Wells Borough Council (the council) is referring to activities where compulsory purchase powers are being sought or have been granted.

If your property is affected by a compulsory purchase order made by the council, it is likely that the council may hold personal information about you, such as your name and address. In the case of compulsory purchase, the council relies on the following legal grounds to allow it to process such personal information:

• compliance with legal obligations contained in compulsory purchase legislation; and
• exercising its statutory and public function.

If your property is affected by a compulsory purchase, the information that the council may hold about you may include:

• name
• address
• email address
• tenure and occupancy details (freehold, leasehold, tenancy, and so on)
• mortgage information
• financial background information (for example, residential status, property value)
• enquiries, complaints or other correspondence from you

The personal information that the council holds has been primarily obtained from the Land Registry, which provides publicly available information regarding the ownership and interests held in property. Information has also been gathered through the completion of Land Interest Questionnaires used to identify property interests that may be subject to compulsory purchase.

The council uses your personal information for the purpose of compiling information to identify owners of land that are or may be affected by a compulsory purchase order. Part of that process includes publishing the names and addresses of land owners and the interest(s) they hold in certain land in a schedule that accompanies the order. The schedule must be published and made publicly available as set out by legislation.

If you own an interest in affected land when compulsory purchase powers are used you will be required to provide personal information for the purposes of preparing any notices to acquire the land, assess and make compensation payments, audit (including fraud prevention) and financial analysis.

The council will not pass, sell or rent your personal information on to any other organisation for marketing purposes.

Your privacy is important to the council and we will store your information securely. Maidstone Borough Council stores the information on behalf of the council.

For further information on Maidstone Borough Council's privacy policy please visit their website.

The council will not make any compulsory purchase decisions based solely on the use of automated systems.

The council will retain personal information in line with its data retention policies and will not hold the information for longer than is necessary for the purposes it was obtained for. The council will keep your personal information for as long as a compulsory purchase scheme is being promoted, and for as long as any compensation claims remain outstanding. After this time, the council may keep your information for up to 6 years to:

• respond to any correspondence, concerns or complaints received
• maintain records for legal or regulatory purposes
• establish and defend any legal claims
• for audit and analysis reasons

The information available on the council's website is available worldwide. The council will not otherwise transfer your information outside of the EEA.

The council only shares your personal information with its service providers for the purposes of the compulsory purchase order. Third parties that we work with include:

• Maidstone Borough Council
• land referencing companies
• compulsory purchase surveyors and valuers
• lawyers

The council ensures that measures are in place to ensure that your personal information is only processed in accordance with the council's instructions and that appropriate security measures are in place.

Data protection legislation provides that you are entitled to ask to see any personal information that we hold about you. The legislation also provides you with the following rights in relation to the data held:

• the right to be informed
• the right of access
• the right to object
• the right to rectification
• the right to restrict processing
• the right to request rectification of data
• the right to be forgotten
• the right to data portability

For further information in this regard, please see the council's privacy policy.

You also have a right to complain to the Information Commissioner's Office if you believe that any use of your personal information by the council is in breach of applicable data protection laws and/ or regulations. More information can be found on the Information Commissioner’s Office website.

This will not affect any other legal rights or remedies that you have.

Should you have any queries regarding the council's use of your personal information, please contact the council's Data Protection Officer at dataprotection@tunbridgewells.gov.uk or 01892 554077.

Alternatively, please write to the following address: