ALPHA This is a new service

Privacy Notice

Register of Applications by Community Bodies to Buy Land

Privacy policy

This privacy policy explains what personal information will be collected in connection with an application in the Register of Applications by Community Bodies to Buy Land (RoACBL) and how that information will be used. It also explains your rights to access the personal information held about you and how to make a complaint about the processing of your data.

Why are we collecting your personal information?

The Keeper of the Registers of Scotland is required to establish and maintain a register that holds community right to buy applications. The legal basis of RoACBL is section 52 of the Land Reform (Scotland) Act 2016 which establishes the register. The content of the register insofar as abandoned, neglected or detrimental land is concerned is prescribed in section 97F of the Land Reform (Scotland) Act 2003 (as amended).

In order to consider an application on the register, there is a requirement to process the personal data provided within any documentation received by Scottish Minister in relation to that right to buy. The basis for processing this personal data is in accordance with Article 6(1)(c) and/or Article 6(1)(e) of the General Data Protection Regulations (GDPR).

RoACBL is administered jointly by the Scottish Government and Registers of Scotland (RoS).

What information do we collect?

When a community body submits a compliant application under the community right to buy land legislation, the application is entered onto the register. During this process, the community body is required by law to provide certain information about itself and those who own the land. This information will be used to assess whether the application for consent to exercise the right to buy is approved by Scottish Ministers.

For the community body, and the land owner this includes the following information where supplied for application purposes:

  • name of the community body
  • address of the community body
  • name of land owner

The following information is personally identifiable information collected as part of the paper application form. It is used to help when considering of the application.

Whilst this information is not shown on the register it is within the attachments on the register:

  • correspondence address of the community body
  • address of landowner
  • name and address of landowners agent or representative
  • name and address of someone holding a tenancy over the land
  • name and address of creditor holding security in the land
  • name and address of the holder of any existing rights or interest in the land
  • any email address and telephone numbers provided in the application form unless they are personal email /telephone details
The following electronic information is also collected:

  • cookies are automatically issued to users who enter the website. Read full details on our cookies policy page.

How will we use your personal data?

The data will be used to assist the Scottish Ministers to determine whether the land purchase should receive consent to proceed.

How long will we keep your personal data for?

The data captured will be kept on the register indefinitely. The legislation does not provide for registered applications to be removed from the register.

What if I don’t provide you with my personal data?

If you want your application for a community body to buy land to be considered then it must appear on the register.

Appearance on the register enables the general public to view applications and their current status.

Will my personal information be shared?

Scottish Government may make information available to persons involved in the possible sale of the land to:
  • Community Body
  • Landowner
  • Any tenant of the land
  • Any creditor in a standard security over the land (or part of it)
  • Owners of properties adjacent to the land
  • Other persons Scottish Ministers consider having an interest in the application

Public register

If you are a community body and your application to buy land is accepted onto the register, then your application will appear as pending and the following information will be displayed:

  • name of the community body
  • address of the community body
  • name of land owner
Whilst this information is not shown on the register it is within the attachments on the register:

  • Correspondence address of the Community Body
  • Address of Landowner
  • Name and Address of Landowners agent or representative
  • Name and Address of someone holding a tenancy over the land
  • Name and Address of creditor holding security in the land
  • Name and Address of the holder of any existing rights or interest in the land
  • Any Email address and telephone numbers provided in the application form unless they are personal email /telephone details

Any request for information other than what is available through the public register will be considered under Freedom of Information legislation. Information is exempt from being released under Freedom of Information if releasing it would breach the Data Protection Principles.

You can find out more about Freedom of Information from the Scottish Information Commissioner website, and about the Data Protection Principles from the UK Information Commissioner's Office website.

Correcting your information

We want to make sure that any information we hold is accurate and up to date. Once your application is on the register, it is up to the Community Body to notify Scottish Government Community Land Team or Registers of Scotland of any changes to the information held on the register.

You may make a request to correct information held by us which you think is inaccurate. We will consider such requests in accordance with our functions under Land Reform Acts and inform you of the outcome including providing the reasons why we have refused your request (if applicable).

Accessing your personal data – Subject Access Request (SAR)

As a registration authority, we have a statutory obligation to compile and maintain public registers, and to make these registers available for public inspection. This is essential to establishing and protecting the legal rights of individuals by placing certain information in the public domain.

The Register of Applications by Community Bodies to Buy Land (RoACBL), is one of these public registers.

We collect and receive this information directly from the Scottish Government and keep this data permanently as part of our statutory obligations. The register is made available in line with our statutory obligations and the general public interest in accessing information from public registers.

How to contact us

If you have any further questions about how your data is used by Scottish Government Administering the Register of Applications by Community Bodies to Buy Land (RoACBL), you can contact the Scottish Government Community Land Team in the first instance, in the following ways:
Email: crtb@gov.scot
Phone: 0300 244 9822
Post: Community Land Team,
Saughton House,
Broomhouse Drive,
Edinburgh
EH11 3XD

You can also contact Registers of Scotland in the following way:

Email:   RoACBLsupport@ros.gov.uk

Data Protection Officer

The Scottish Government’s Data Protection Officer can be contacted in the following ways:
Email: dpo@gov.scot
Phone: 0300 244 9575
Post: Area 3D – North,
Victoria Quay,
The Shore,
Edinburgh
EH6 6QQ

The Register of Scotland Data Protection Officer can be contacted in the following way:

Email:   dataprotection@ros.gov.uk

Complaints

If you feel we have been unable, or unwilling, to resolve your information rights concern, you have the right to lodge a complaint with the Information Commissioner's Office (ICO). The ICO are the supervisory authority responsible for data protection in the UK.

For further information, including independent data protection advice and information in relation to your rights, you can contact the Information Commissioner Scotland Office at:

Email: scotland@ico.org.uk
Phone: 0303 123 1115
Website: https://ico.org.uk/
Post: The Information Commissioner's Office - Scotland
45 Melville Street
Edinburgh
EH3 7HL

You can also report any concerns here: https://ico.org.uk/concerns/handling/

Changes to this privacy policy

We keep this privacy policy under regular review and will place any updates on this website. This privacy policy was last updated on 27th June 2018.

Disclaimer

We seek to ensure that the information and help provided on this website is up to date and accurate. However, this information does not constitute legal or professional advice and the Scottish Government and RoS cannot accept any liability for actions arising from its use.