Regulation 9 Public access to spatial data sets and spatial data services

Subject to paragraph (6), access by the public to a spatial data set or spatial data service by means of a service specified in regulation 7(2) may be limited only if—

A public authority or a third party must not provide public access to personal data included in a spatial data set for which that authority or third party is responsible, if the provision of public access to that personal data otherwise than under these Regulations would contravene—

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A public authority or a third party may, in relation to a spatial data set or spatial data service for which that authority or third party is responsible, limit public access to that data set or data service through a discovery service if such access would adversely affect international relations, public security or national defence.

A public authority or a third party may, in relation to a spatial data set or spatial data service for which that authority or third party is responsible—

if such access would adversely affect any matter specified in paragraph (5).

The matters are—

A public authority or a third party may not limit public access to a spatial data set or spatial data service which contains information on emissions into the environment, on a ground specified in paragraph (5)(d), (e), (f) or (g).

For the purposes of paragraph (5)(b), (d) and (f), “public authority” includes a Scottish public authority, and for the purposes of paragraph (5)(d) and (f), “third party” includes a Scottish third party.

In this regulation—

• “the data protection principles” means the principles set out in—

  1. (a)

     Article 5(1) of the F6UK GDPR,

  2. (b)

     section 34(1) of the Data Protection Act 2018, and

  3. (c)

     section 85(1) of that Act;

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• “personal data” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act).

• F8“ the UK GDPR ” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act);

In determining for the purposes of this regulation whether the lawfulness principle in Article 5(1)(a) of the F9UK GDPR would be contravened by the disclosure of information, Article 6(1) of the UK GDPR (lawfulness) is to be read as if the second sub-paragraph (disapplying the legitimate interests F10gateways in relation to public authorities) F11disapplied only the gateway in point (ea) (recognised legitimate interests).