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Privacy notice: applications for a licence under The Heather and Grass etc Burning (England) Regulations 2007 and 2021

Updated 3 October 2023

Applies to England

1. Who is collecting my personal data?

The data controller is the Department for Environment, Food and Rural Affairs (Defra). You can contact Defra’s Data Protection Manager by email at: data.protection@defra.gov.uk

Any questions about how Defra is using your personal data and your associated rights should be sent to the above contact.

The Data Protection Officer responsible for monitoring that Defra is meeting the requirements of the legislation can be contacted by email at: DefraGroupDataProtectionOfficer@defra.gov.uk

2. Why is Defra using my personal data?

Defra will use your personal data to determine whether to approve your application for a licence to burn specified vegetation under The Heather and Grass etc Burning (England) Regulations 2021.

If you consent for Defra to do so, Defra will forward your personal data to Natural England to determine the same if you require a licence under The Heather and Grass etc Burning (England) Regulations 2007.

If Defra approves your application and issues a licence to you, Defra will use your personal data to check that you are complying or have complied with the terms of the licence.

3. What is the legal basis in data protection law for Defra’s use of my personal data?

The legal bases in data protection law for Defra’s use of your personal data are:

• article 6(1)(a) of the UK GDPR (General Data Protection Regulation), which applies where you have given your consent for Defra to share your personal data with Natural England so that they can consider your application for a licence under The Heather and Grass etc Burning (England) Regulations 2007 (if applicable); and

• article 6(1)(e) of the UK GDPR is applicable where Defra’s use of your personal data is necessary for the exercise of official authority vested in Defra. Defra’s official authority to use your personal data in respect of your application for a licence to burn specified vegetation is provided by The Heather and Grass etc Burning (England) Regulations 2007 and 2021

4. Who will my personal data be shared with?

For the purposes of determining a licence application under the Heather and Grass etc. Burning (England) Regulations 2021, your personal data may be shared with those consultees who are responsible for providing advice on the merits of an application (for example Natural England, Fire and Rescue Service and other consultees who will be able to provide expert opinion on the burning of specified vegetation).

A list of licences that have been approved will be available on a public register, together with the grid references showing the locations of the areas licensed for burning.

5. If you are relying on my consent to use my personal data, can I withdraw my consent?

You are entitled to withdraw your application for a licence at any time, which will mean that Defra will no longer be able to consider whether to issue a licence to you.

Natural England is responsible for considering applications for licences under The Heather and Grass etc Burning (England) Regulations 2007. If your proposed burning also requires a licence under the 2007 Regulations, you can consent to Defra forwarding your application to Natural England so that they may consider whether to issue a licence under those Regulations. You can withdraw your consent at any time, but you would then need to apply to Natural England directly for a licence under the 2007 Regulations.

6. How long will my personal data be held for?

Your personal data will usually be held for up to 2 years after the end of your licence period. However, if there is an investigation of an alleged or actual breach of licence conditions, we may need to keep personal data for up to ten years after the conclusion of the case.

7. What are the consequences for me if I don’t provide my personal data or allow it to be used by Defra?

You will be unable to lawfully carry out any burning to which The Heather and Grass etc Burning (England) Regulations 2007 or 2021 or both apply.

8. What are my rights?

A list of your rights under data protection law are available on the Information Commissioner’s Office (ICO) website.

9. How do I complain?

You have the right to lodge a complaint about the use of your personal data at any time with the ICO – the data protection supervisory authority.

If you wish to exercise that right, make a complaint to the ICO.

10. Defra’s Personal Information Charter

Please also see Defra’s Personal Information Charter, which broadly sets out details of Defra’s processing of personal data.