1. How we use your data
We are providing you with this privacy notice because we are processing your personal data in connection with the making of the Hornsea Project Four Offshore Wind Farm Order 2023 (the “Order”) including the exercising of compulsory acquisition powers (we explain this below). We want you to understand how we look after your personal data and how we make sure that we meet our legal obligations to you under the UK and EU data protection laws including the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018 (the "Data Protection Laws").
This notice applies to any personal data that we collect about you in relation to the Order. When we collect and use your personal data, we are a controller of it, which means that we are responsible for looking after it. However, the information may be collected on our behalf by Dalcour Maclaren Limited, an organisation we have contracted to help us. Whilst Dalcour Maclaren Limited has a legal responsibility to look after your personal information, we still have overall responsibility. We will use your personal data fairly, lawfully and in a transparent manner, and in accordance with the Data Protection Laws.
2. Data controller
The entity responsible for the processing of your personal information is:
Orsted Hornsea Four Limited
5 Howick Place, London, England, SW1P 1WG
Company no. 08584182
3. Implementation of the Order
The Order was made under the Planning Act 2008 on 12th July 2023 by the Secretary of State for Energy Security and Net Zero and comes into force on 3rd August 2023. The Order authorises Orsted Hornsea Project Four Limited to construct, operate and maintain the Hornsea Four offshore wind farm together with associated offshore and onshore infrastructure and all associated development ("Hornsea Four"). The Order authorises Orsted Hornsea Project Four Limited to compulsorily acquire land, and interests in or rights over land, which is subject to the Order, for Hornsea Four or to facilitate Hornsea Four or for purposes incidental to it.
Orsted Hornsea Project Four Limited has sought to acquire the necessary land and rights for Hornsea Four by agreement however there are interests which may need to be compulsorily acquired in order for Hornsea Four to be delivered. As a part of the compulsory acquisition process, the law requires Orsted Hornsea Project Four Limited to request that those people and organisations with a legal or beneficial interest in land which might be subject to compulsory acquisition powers to provide us with information in order for us to establish whether they are entitled to claim compensation.
4. What information do we collect about you?
We collect your name (and/or company name) and contact details (including your address, registered company address, telephone number and e-mail address), the details of your interest or ownership in the relevant land, details of other interests in the land (such as a mortgage) and any additional information you may provide to us.
Please note that we may combine personal data we receive from other sources with personal data you give to us and personal data we collect about you.
5. Where do we get this information from?
We collect some of your information directly from you, either through information that you give to us or information that we collect during your visits to our website or through your communications with us. We also obtain some information from other third parties, including public records such as the HM Land Registry, the electoral roll, Experian 192, Companies House, the Charity Commission, the Financial Conduct Authority, TraceIQ, BT Directory, online registries, websites of organisations and information which may be obtained from a general internet search or from other persons with a legal or beneficial interest in the land.
6. Purpose for processing your information
It is necessary for us to collect and use your personal information in order to comply with our legal obligations under the Order, the Planning Act 2008, the Compulsory Purchase Act 1965 and the Compulsory Purchase (Vesting Declarations) Act 1981 in relation to the exercise of compulsory acquisition powers. This is the basis on which our processing of your personal data is lawful.
In order to comply with our legal obligations, we need to be able to:
- contact you to discuss the acquisition of land or rights over land from you and any compensation payable to you;
- produce documents that are required by law including a General Vesting Declaration, which will be registered at the Land Registry and which will be a publicly available document;
- notify you of the making of a General Vesting Declaration;
- serve a Notice to Treat and Notice of Entry on you; and
- if applicable, share your mortgage reference with lenders or mortgagees to enable them to check information which may affect them.
We also have a legitimate interest to use the personal information we collect to engage further with you in connection with the Order. This is also the basis on which our processing of your personal information is lawful.
7. Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
8. Disclosure of your information
We may share your information with carefully selected third parties, including our professional advisers, but only for the purposes specified in this privacy notice. In particular, we may share your information with Dalcour Maclaren Limited (our land agents) and Pinsent Masons LLP (our legal advisers).
We may also share your information (where required or permitted by law) with government bodies, law enforcement agencies, and, as set out above, your lender or mortgagee. We do not share your information with third parties for marketing purposes.
9. Storage of your personal information
Except as otherwise legally required, we will typically keep your personal data for 10 years from the date of the exercise of the compulsory acquisition powers in case a claim for compensation is referred to the Upper Tribunal (Lands Chamber).
10. What rights do you have?
You have a number of rights under the Data Protection Laws in relation to the way we process your personal data, which are set out below. You may contact us using the details at the beginning of this privacy notice to exercise any of these rights.
You have the following rights:
- You have the right to request access to, rectification or erasure of your personal data.
- You also have the right to have the processing of your personal data restricted.
- If processing of your personal information is based on your consent, you have the right to withdraw your consent at any time. Your withdrawal will not affect the lawfulness of the processing carried out before you withdrew your consent.
- You have the right to receive your personal information in a structured, commonly used and machine-readable format (data portability).
- You may always lodge a complaint with a data protection supervisory authority, e.g. The Information Commissioner’s Office.
Furthermore, you have the right to object to processing of your personal data as follows.
- If processing of your personal data is based on it being necessary to comply with a legal obligation or for legitimate interests, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data.
- Where your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data about you for such marketing.
There may be conditions or limitations on these rights. It is therefore not certain for example you have the right of data portability in the specific case - this depends on the specific circumstances of the processing activity.
11. What happens if you have a complaint?
If you have any concerns regarding our processing of your personal data, or are not satisfied with our handing of any request made by you, or would otherwise like to make a complaint, please contact Orsted Hornsea Project Four Limited in the first instance using the details at the start of this privacy notice, so that we can do our very best to sort out the problem.
You can also contact the Information Commissioner's Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF https://ico.org.uk/.
12. Changes to this privacy notice
We will keep this notice under regular review. Any changes we make to this notice in the future will be posted on this page.
This notice was last reviewed and updated in 13th July 2023.