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Dan Hyde
Professor Dan Hyde
Partner
Harrison Clark Rickerbys
Lucinda Baker
Lucinda Baker
Harrison Clark Rickerbys
Rosalind Andrews
Rosalind Andrews
Harrison Clark Rickerbys
Steven Murray
Steven Murray
Harrison Clark Rickerbys
Contributions by Harrison Clark Rickerbys Experts

37

Processing personal data by law enforcement and intelligence agencies
Processing personal data by law enforcement and intelligence agencies
Practice notes

This Practice Note provides an introduction to how law enforcement and intelligence agencies may process personal data in accordance with Part 3 of the Data Protection Act 2018 (DPA 2018). It explains what amounts to law enforcement processing of personal data (including processing for the prevention, investigation, detection or prosecution of criminal offences, or the execution of criminal penalties and the safeguarding against and the prevention of threats to public security), who are competent authorities for the purpose of DPA 2018, Pt 3 as well as highlighting the data processing principles for law enforcement. The rights of data subjects, such as the right to be informed, the right of access, the right to rectification, the right to erasure or restrict processing and the right not to be subject to automated decision-making within a law enforcement context are also explained.

If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?
If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?
Q&As

If there is planning permission for construction of a dwelling, and that planning permission does not authorise a porch, can a porch be added during the construction of the dwelling under permitted development rights, or does the developer have to wait until the build is complete and the dwelling occupied before the porch can be added?
If there is planning permission for construction of a dwelling, and that planning permission does not authorise a porch, can a porch be added during the construction of the dwelling under permitted development rights, or does the developer have to wait until the build is complete and the dwelling occupied before the porch can be added?
Q&As

If works (removal of a roof) are carried out in satisfaction of the pre-commencement conditions contained in a planning permission and the permission is later quashed, do the works carried out prior to the quashing need to be reversed or should works simply cease at the point of quashing? If the works are required to be reversed, is a new planning permission needed for this?
If works (removal of a roof) are carried out in satisfaction of the pre-commencement conditions contained in a planning permission and the permission is later quashed, do the works carried out prior to the quashing need to be reversed or should works simply cease at the point of quashing? If the works are required to be reversed, is a new planning permission needed for this?
Q&As

Is a contract conditional on planning entered into by a landowner and a developer a legal interest for the purpose of a section 106 agreement?
Is a contract conditional on planning entered into by a landowner and a developer a legal interest for the purpose of a section 106 agreement?
Q&As

Is a negatively worded condition preventing the implementation of certain development until an agreement under section 106 of the Town and Country Planning Act 1990 has been entered into lawful provided it complies with the six tests?
Is a negatively worded condition preventing the implementation of certain development until an agreement under section 106 of the Town and Country Planning Act 1990 has been entered into lawful provided it complies with the six tests?
Q&As

Is an option agreement entered into by a landowner and a developer a legal interest for the purpose of a section 106 agreement? Will a put option and a call option be treated in the same way?
Is an option agreement entered into by a landowner and a developer a legal interest for the purpose of a section 106 agreement? Will a put option and a call option be treated in the same way?
Q&As

Is it possible to bring a claim for passing off based on the goodwill and reputation in a mark in respect of goods against a company which has applied to register a trade mark for services? Is there any relevant case law on this point?
Is it possible to bring a claim for passing off based on the goodwill and reputation in a mark in respect of goods against a company which has applied to register a trade mark for services? Is there any relevant case law on this point?
Q&As

Is there a legal requirement for plans appended to an agreement made under section 106 of the Town and Country Planning Act 1990 to be either signed or sealed by all parties?
Is there a legal requirement for plans appended to an agreement made under section 106 of the Town and Country Planning Act 1990 to be either signed or sealed by all parties?
Q&As

Is there any reason why a highway authority cannot withdraw a notice served under section 184 of the Highways Act 1980 if it turns out that all the requirements for serving the notice weren’t met?
Is there any reason why a highway authority cannot withdraw a notice served under section 184 of the Highways Act 1980 if it turns out that all the requirements for serving the notice weren’t met?
Q&As

Once building regulations consent has been granted does it last indefinitely?
Once building regulations consent has been granted does it last indefinitely?
Q&As

What is the significance of the words ‘warrants’ and ‘undertakes’ in a contractual obligation?
What is the significance of the words ‘warrants’ and ‘undertakes’ in a contractual obligation?
Q&As

What powers are there for a local council to remove an abandoned vehicle (with no tax, insurance or MOT) parked on a public footpath and obstructing the highway? Does the responsibility for removing such a vehicle lie with the council or the police?
What powers are there for a local council to remove an abandoned vehicle (with no tax, insurance or MOT) parked on a public footpath and obstructing the highway? Does the responsibility for removing such a vehicle lie with the council or the police?
Q&As

Where a local authority has entered into an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (section 106 agreement) with a developer and the parish council but the developer's mortgage lender has not been included as party to the section 106 agreement, what are the consequences? Is the section 106 agreement void/voidable and/or does the process need to be started again to include the mortgage lender?
Where a local authority has entered into an agreement under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) (section 106 agreement) with a developer and the parish council but the developer's mortgage lender has not been included as party to the section 106 agreement, what are the consequences? Is the section 106 agreement void/voidable and/or does the process need to be started again to include the mortgage lender?
Q&As

Where planning permission is granted on appeal and a partial award of costs is obtained, is it possible for the claim for costs to include a claim for Community Infrastructure Levy (CIL), in circumstances where CIL is payable in connection with the planning permission only because a CIL charging schedule was adopted after the refusal by the local planning authority but before the successful appeal resulting in the grant of planning permission?
Where planning permission is granted on appeal and a partial award of costs is obtained, is it possible for the claim for costs to include a claim for Community Infrastructure Levy (CIL), in circumstances where CIL is payable in connection with the planning permission only because a CIL charging schedule was adopted after the refusal by the local planning authority but before the successful appeal resulting in the grant of planning permission?
Q&As

Who is legally responsible for the removal of an obstruction or tipped materials from a public right of way? Is the landowner or local authority responsible for keeping the public right of way clear of obstructions? What authority (in terms of case law, legislation or guidance) supports this?
Who is legally responsible for the removal of an obstruction or tipped materials from a public right of way? Is the landowner or local authority responsible for keeping the public right of way clear of obstructions? What authority (in terms of case law, legislation or guidance) supports this?
Q&As

Would planning permission be required for a sustainable drainage system and is there a mechanism for deciding who would have the ongoing maintenance requirements, in the absence of Schedule 3 to the Flood and Water Management Act 2010 being brought into force in England?
Would planning permission be required for a sustainable drainage system and is there a mechanism for deciding who would have the ongoing maintenance requirements, in the absence of Schedule 3 to the Flood and Water Management Act 2010 being brought into force in England?
Q&As

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