1. How we use your data
We are providing you with this privacy notice because we are processing your personal data in connection with a public consultation and a land referencing exercise (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 when we carry out our public consultation and land referencing exercise. 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 for the land referencing exercise is collected on our behalf by Dalcour Maclaren, an organisation we have contracted to help us. Whilst Dalcour Maclaren 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
If you have any questions in relation to this notice or generally how your personal data is processed by us, please contact Humphrey Laidlaw by email at HUMLA@orsted.co.uk.
3. Land referencing
We are proposing to make an application for development consent under the Planning Act 2008 for an offshore wind farm and onshore electrical infrastructure. As a part of this application, the law requires us to identify those people and organisations who may have a legal or beneficial interest in land which might be affected by our application, so that we can consult with them. This is called land referencing.
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). For the land referencing exercise we also collect 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 and from completed Land Interest Questionnaires provided to us.
6. Legal basis and purpose for the processing of your information
We process your personal data on the following legal bases:
GDPR article 6.1.c (necessary for us to comply with a legal obligation):
The main purpose for which we use your information is to comply with our legal obligations under the Planning Act 2008 to identify, consult with and notify relevant land interests under the Planning Act 2008 in relation to our application for development consent for Hornsea Four. This is also the basis on which our processing of your personal data is lawful.
Within this overall purpose, we need to be able to
- contact you to notify you about our plans and consult with you in relation to them;
- if applicable, contact you to discuss the acquisition of land or rights over land from you;
- produce statutory documents that are required by law including a Book of Reference (a publication containing certain personal data) and a Consultation Report (setting out the responses received to the consultation and how we have had regard to them), that will be submitted as a part of our application for development consent, and which is a publicly available document;
- notify you of the acceptance of our application for development consent by the Planning Inspectorate and subsequent decision by the Secretary of State;
- if applicable, share your mortgage reference with lenders or mortgagees to enable them to check information which may affect them.
GDPR article 6.1.f (necessary for the pursuit of legitimate purposes of us):
We also have a legitimate interest to use the personal information we collect to engage further with you in connection with developing and progressing our plans for the proposed development.
7. Who do we share your information with?
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 (our land agents) and Pinsent Masons LLP (our legal advisers).
Your interest will be published in the Book of Reference, if we consider that your legal interest in property or land may be affected by our proposed development. We have a legal duty to make the Book of Reference available for inspection by the public. It is also disclosed to the Planning Inspectorate and they may decide to publish the information on their website. The Book of Reference is required by law to include the name and address of the person or company which has an interest in the property and the nature of the interest. The Book of Reference will not include telephone numbers or email addresses of anyone listed.
We will also be reporting to the Secretary of State, Planning Inspectorate or local authorities on the public consultation, including the production of a Consultation Report. This may involve passing your personal data to those parties, and in some cases we are required to publish the data as part of a consenting process. The Planning Inspectorate’s privacy notice can be viewed here: https://www.gov.uk/government/publications/planning-inspectorate-privacy-notices/customer-privacy-notice
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.
8. Where is your information stored and how long do we keep it for?
8.1 Retention of your personal data
Except as otherwise legally required, we will typically keep your personal data for 10 years from the date of our planning application in case we need to consult with you further or if we need to bring or defend legal proceedings. The Book of Reference and Consultation Report will remain available for public inspection following the decision by the Secretary of State, but will not be updated with further information.
9. 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 article 6(1)(e) or article 6(1)(f), see above regarding legal basis, 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.
10. What 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 Ørsted 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 www.ico.org.uk.
11. Changes to this privacy notice
We will take all measures necessary to communicate any changes to this privacy notice to you, and will post any updated privacy policies on this page.
This notice was last reviewed and updated in August 2021.