Guidance

Environmental Impact Assessment privacy notice

Updated 16 April 2024

Applies to England

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

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This publication is available at https://www.gov.uk/government/publications/natural-england-privacy-notices/environmental-impact-assessment-screening-decisions-privacy-notice

The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006 require a formal procedure to assess the potential environmental impact of certain changes to land use before agricultural works are allowed to proceed.

Who collects your data

The data controller is Natural England at:

Foss House, Kings Pool, 1-2 Peasholme Green, York, Y01 7PX

Send questions about how Natural England uses your personal data and your associated rights to the Natural England Data Protection Manager at foi@naturalengland.org.uk or:

Natural England, County Hall, Spetchley Road, Worcester, WR5 2NP

The Data Protection Officer for the Department for Environment, Food and Rural Affairs (Defra) group is responsible for checking that Natural England complies with legislation. You can contact them at DefraGroupDataProtectionOfficer@defra.gov.uk or:

Department for Environment, Food and Rural Affairs, SW Quarter, 2nd floor, Seacole Block, 2 Marsham Street, London SW1P 4DF

What personal data’s collected and how it’s used

Natural England collects and stores your:

  • name
  • contact details
  • customer type
  • reasons for applying for an EIA screening decision

Natural England uses the information on the EIA application form and any supporting material to make its decision. This will include, but is not limited to:

  • assessing your application
  • issuing a decision
  • monitoring compliance with decisions

Processing your data is necessary for the:

  • exercise of official authority vested in the data controller – this is the tasks given to Natural England under the Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006

The processing of your data is not based on consent. You cannot withdraw it.

Who Natural England shares your personal data with

Natural England may share your information with third parties:

  • at certain stages of the screening decision process
  • once it has reached a final decision

Natural England may do this to:

  • check information you provide on an application
  • discuss your application with a third party that’s supporting the application
  • get or check specialist or technical information about an application
  • monitor the effects of both the screening decision and its compliance

Natural England only shares information when necessary and anonymously whenever possible.

Table 1: organisations Natural England shares information with and the activities and purposes it does this for.

Organisation Sharing purpose
Statutory nature conservation bodies (Natural Resources Wales, Northern Ireland Environment Agency, Scottish Natural Heritage) Compliance, enforcement, application assessment
Defra and its executive agencies (such as the Animal and Plant Health Agency, Centre for Environment Fisheries and Aquaculture Science and Rural Payments Agency) Compliance, enforcement, application assessment
Defra arms lengths bodies (such as the Environment Agency, Forestry Commission and Marine Management Organisation) Compliance, enforcement, application assessment
Devolved administrations (Northern Ireland Executive, Scottish Government, Welsh Government) Compliance, enforcement, application assessment
Other public bodies (such as Historic England) Compliance, enforcement, application assessment
Local planning authorities including archaeological departments and local records centres Compliance, enforcement, application assessment
Industry and charitable bodies (such as English Heritage, Local Environmental or Biological Records Centre, Wildlife Trust, National Trust, Royal Society for the Protection of Birds, Wildfowl and Wetlands Trust, Area of Outstanding Natural Beauty Association, National Park Authority, The Garden Trust and Open Spaces Society) Application support

Natural England may make some information available where there’s public interest in its EIA applications and decisions, who it issued an EIA decision to and why. Information released may include, but is not limited to:

  • your name and business name
  • application and supporting information
  • compliance reports and assessments

Natural England will not release information for activities that are sensitive or could harm people or habitats, for example names and addresses of individuals.

Under section 19 of the Natural Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006, Natural England has to:

  • inform the applicant and any consultation bodies of its decision, giving full reasons and considerations on which it was based, and any representations made by the public in respect of the application
  • inform the public of its decision by publishing a notice in a local area newspaper

It also has to provide as a minimum in a public register details of the decision for public inspection that includes:

  • the decision
  • the reasons behind the decision
  • measures required to reduce adverse impacts of the project
  • a summary of representations received from the public
  • information on how the decision could be challenged

Natural England respects your personal privacy when responding to access to information requests. Natural England only shares information when necessary to meet statutory requirements of the Environmental Information Regulations 2004 and the Freedom of Information Act 2000.

How long Natural England holds personal data

Natural England will keep your personal data for 15 years after the expiry of your screening decision or longer if stated in the conditions.

What happens if you do not provide the data requested

Natural England will be unable to assess your application if you do not provide the data.

Use of automated decision-making or profiling

The information you provide is not used for:

• automated decision making (making a decision by automated means without any human involvement)

• profiling (automated processing of personal data to evaluate certain things about an individual)

Transfer of data outside the UK

Natural England will only transfer your data to another country that is deemed adequate for data protection purposes.

Your rights

Find out about your individual rights under the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018.

Complaints

You have the right to make a complaint to the Information Commissioner’s Office at any time.

Natural England’s personal information charter

Natural England’s personal information charter explains more about your rights over your personal data.

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