Guidance

Open access land privacy notice

Updated 16 April 2024

Applies to England

Who collects your personal data

The data controller for your personal information depends on the location of the open access land.

Land in a national park, excluding the England Coast Path and coastal margin

The data controller is the relevant National Park Authority (NPA).

National park	Data controller and address	Contact for personal data queries
Dartmoor	Dartmoor NPA, Parke, Bovey Tracey, Newton Abbot, Devon, TQ13 9JQ	Email dataprotectionofficer@dartmoor.gov.uk
Exmoor	Exmoor NPA, Exmoor House, Dulverton. Somerset, TA22 9HL	Email data@exmoor-nationalpark.gov.uk or phone 01398 323665
Lake District	Lake District NPA, Murley Moss, Oxenholme Road, Kendal, LA9 7RL	Email Julie.Wood@lakedistrict.gov.uk or phone 01539 724555
Northumberland	Northumberland NPA, Eastburn, South Park, Hexham, Northumberland, NE46 1BS	Email dpo@nnpa.org.uk or phone 01434 605555
North York Moors	North York Moors NPA, The Old Vicarage, Bondgate, Helmsley, York, North Yorkshire YO62 5BP	Email dpo@scarborough.gov.uk or phone 01723 384431
Peak District	Peak District NPA, Aldern House, Baslow Road, Bakewell, Derbyshire, DE45 1AE	Email customer.service@peakdistrict.gov.uk or phone 01629 816200
South Downs	South Downs NPA, South Downs Centre, North Street, Midhurst, West Sussex, GU29 9DH	Email info@southdowns.gov.uk (add ‘for the attention of the Data Protection Officer’ in the subject field of your email) or phone 01730 814810
Yorkshire Dales	Yorkshire Dales NPA, Yoredale, Bainbridge, Leyburn, North Yorkshire, DL8 3EL	Email accesstoinfo@yorkshiredales.gov.uk or phone 01969 652326

Woodland you’ve dedicated for public access

The data controller is the Forestry Commission.

620 Bristol Business Park, Coldharbour Lane, Bristol, BS16 1EJ

For questions about your personal data email Iinformationrights@forestrycommission.gov.uk.

Other open access land, the England Coast Path, coastal margin and dedicated land other than woodland

The data controller is Natural England.

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

For questions about your personal data contact the Data Protection Manager by email foi@naturalengland.org.uk or write to:

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. Contact them by email DefraGroupDataProtectionOfficer@defra.gov.uk or write to:

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

To meet its statutory duty under the Countryside and Rights of Way Act 2000, the data controller uses information about requests for open access restrictions or exclusions, and for land dedications in:

• OACC1 and OACC2 forms
• dedication instruments - these are the formal documents used to dedicate land in England
• any supporting material, including maps
• correspondence

The personal information processed by the data controller includes but is not limited to:

• your name and contact details
• the location of your land
• the reason for contacting the data controller
• details and outcomes of meetings relating to your application and any appeals

The legal basis for processing your personal data

Processing your data is necessary for the:

• performance of a task carried out in the public interest
• exercise of official authority vested in the data controller

The task is the data controller’s duty under Part 1, Chapter 2 of the Countryside and Rights of Way Act 2000 to exclude or restrict access to any land and to record dedications of land on the maps of open access land.

The data controller also has to act in accordance with:

• the Marine and Coastal Access Act 2009, Part 9
• the England Coast Path Approved Scheme
• statutory guidance to relevant authorities on local access restrictions
• the Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003 (as amended)
• the Access to the Countryside (Dedications of Land) (England) Regulations 2003 (as amended)

Consent to process your data

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

Who the data controller shares your personal data with

The data controller publishes a notice on the open access website if:

• you notify a discretionary restriction
• the relevant authority concludes it is necessary to restrict or exclude access to your land as a result of your application

The notice shows the extent and type of restriction or exclusion on a map. It will not include your name or contact details.

If your application is to restrict or exclude access for over 6 months or indefinitely, the data controller consults with the organisations listed in the schedule to The Access to the Countryside (Exclusions and Restrictions) (England) Regulations 2003. It also publishes a consultation on Defra’s consultation hub. It will not include your name or contact details.

If your application relates to walkers with dogs the data controller can consult with The Kennel Club. It will not include your name or contact details.

If you are notifying Natural England of a dedication of land, the data may also be shared with:

• Forestry Commission, if any part of your land includes woodland
• Historic England, if any part of your land includes a scheduled ancient monument
• the appropriate access authority
• the relevant authority for restrictions and exclusions where this is not Natural England
• the appropriate local authority that is the ‘registering authority’ for the purposes of section 3 of the Local Land Charges Act 1975

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

How long does the data controller hold my personal data

Data controller	Duration
Natural England	At least 7 years
Dartmoor NPA	Up to 7 years
Exmoor NPA	Up to 7 years
Lake District NPA	7 years
Northumberland NPA	Up to 7 years
North York Moors NPA	3 years
Peak District NPA	3 years
South Downs NPA	6 years after the start date of any closure permitted by the application
Yorkshire Dales NPA	7 years
Forestry Commission	No more than 12 months after the end of any closure permitted as a result of the application

What happens if you do not provide the data

The data controller cannot act upon objections or representations that do not include name and contact details.

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 European Economic Area (EEA)

The data controller will not transfer your data outside the EEA.

Your rights

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

Complaints

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

More information about your rights over your personal data

Data controller	Privacy information
Natural England	Personal information charter
Dartmoor NPA	Freedom of Information and Data Protection
Exmoor NPA	Privacy Policy
Lake District NPA	Privacy policy in Terms and Conditions
Northumberland NPA	Privacy policy
North York Moors NPA	Privacy notice
Peak District NPA	Privacy notice
South Downs NPA	Privacy statement
Yorkshire Dales NPA	How we treat personal information in Terms and Conditions
Forestry Commission	Personal information charter