Privacy Notice

This Privacy Notice explains how Transport Scotland collects, uses, stores and shares personal data in connection with the Compulsory Purchase Order (CPO) process.

The CPO process involves several stages, including:

  • preparation and issue of statutory compulsory purchase material including serving statutory notices and advertising;
  • submission and consideration of objections; and
  • serving notices to take title to land and managing compensation claims

This notice explains how personal data is used at each stage.

About us and how to contact us

Transport Scotland is an executive agency of the Scottish Government and acts as the data controller for the purposes of data protection legislation.

If you have any questions, comments or requests about your personal data, you can contact:

Email: dpa@transport.gov.scot 
Address: 
Data Protection Team 
Transport Scotland 
177 Bothwell Street 
Glasgow 
G2 7ER

The personal data we process

Personal data is information relating to an identified or identifiable living individual.

Across the CPO process, we may process:

  • Name
  • Address
  • Contact details (e.g. email address and/or telephone number)
  • Property interests (e.g. ownership or tenancy details)
  • Financial information (e.g. bank details for compensation payments)
  • Any additional personal data provided in connection with the CPO process

Some of this information is obtained from publicly available sources such as the Land Register of Scotland, General Register of Sasines and Companies House.

How we use your personal data

Statutory notices and advertising

We use personal data to:

  • identify individuals with an interest in land affected by a CPO;
  • serve statutory notices as required by legislation; and
  • publish required information (including names, addresses and land interests) as part of the CPO documentation

CPO documentation and associated notices are made publicly available, including publication in the press and on the Transport Scotland website.

Objections to a CPO

Once an Order has been advertised and submitted, there is a statutory objection period of at least 21 days during which interested parties may submit objections to the Scottish Government.

We use personal data to:

  • receive and respond to objections;
  • assess objections as part of the statutory process; and
  • support consideration of objections at a Public Local Inquiry where one is held

Unresolved objections and related correspondence will be passed to the Planning and Environmental Appeals Division (DPEA) to arrange and take forward a Public Local Inquiry if required. The DPEA may publish objections and related correspondence on its website as part of its public task in accordance with their privacy notice: Planning and Environmental Appeals: privacy notice - gov.scot

Taking title and compensation claims

Following a decision to proceed with a CPO, we use personal data to:

  • serve statutory notices on affected parties to take title to the land contained within the CPO;
  • invite and process compensation claims; and
  • assess compensation, including payments where applicable

Legal basis for processing

We process personal data under the following legal bases in the UK GDPR:

Article 6(1)(c) – Legal obligation 

Processing is necessary to comply with statutory requirements, including:

  • the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947; 
  • the Compulsory Purchase of Land (Scotland) Regulations 2003;
  • the Town and Country Planning (Scotland) Act 1997;
  • the Land Compensation (Scotland) Act 1963; and
  • the Land Compensation (Scotland ) Act 1973.

Article 6(1)(e) – Public task 

Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, as set out in the Roads (Scotland) Act 1984.

How long we keep your personal data

Transport Scotland follows the Scottish Government’s records management arrangements. Retention periods are set out in the Scottish Government’s Record Management Plan.

Sharing your personal data

We may share your personal data with:

  • the Planning and Environmental Appeals Division (DPEA);
  • the Valuation Office Agency (VOA);
  • professional advisers and consultants; and
  • service providers acting on our behalf (e.g. IT and system administration).

CPO documentation and related information may also be made publicly available in accordance with statutory requirements including in community spaces, such as local libraries.

All third parties are required to process personal data in accordance with data protection legislation and appropriate security measures.

International transfers and security

Information published online may be accessible worldwide. Otherwise, we do not transfer personal data outside the European Economic Area (EEA).

We apply appropriate technical and organisational measures to protect personal data, including:

  • secure electronic records systems;
  • controlled access to buildings and systems; and
  • contractual safeguards with third parties.

Your rights

Under data protection legislation, you have the following rights in relation to your personal data:

Right of access

You have the right to request a copy of the personal data we hold about you and information about how we process it.

Right to rectification

You have the right to request that we correct any personal data that is inaccurate or incomplete.

Right to restrict processing

You have the right to request that we limit how we use your personal data in certain circumstances, for example while we consider a request for correction.

Right to object

You have the right to object to the processing of your personal data where it is carried out under Article 6(1)(e) (public task). However, this right is not absolute and may not apply where we are required to process your data to comply with a legal obligation or where there are compelling legitimate grounds for the processing.

Right to complain

If you are unhappy with how we have handled your personal data, you have the right to lodge a complaint with the UK Information Commissioner’s Office (ICO):

Website: https://www.ico.org.uk

You can exercise any of these rights by contacting the Transport Scotland Data Protection Officer using the contact details provided above.