Dear Land Registry,
Are you within your rights to disclose the name of an objector to an application for adverse possession of land? Does the disclosure of the name(s) of individuals making objections not breach Data Protection or Privacy Laws, pertaining to the objectors right to anonymity?
Thank you for your email dated 9 January 2019.
HM Land Registry maintains a public register (‘the register’) in
accordance with the Land Registration Act 2002 (‘the Act’) and the Land
Registration Rules 2003. Under Section 66 of the Act any person may
inspect and make copies of:
a. The register of title;
b. Any document kept by the registrar which is referred to in the
register of title;
c. Any other document kept by the registrar which relates to an
application to him, or
d. The register of cautions against first registration.
Objections relate to applications made to HM Land Registry which are open
to public 'inspection' in the same way as other documents relating to
applications are under Land Registration Act 2002.
Sections 73 and 82 of the Act allow for objections and rectifications to
the register to be made in some circumstances.
Certain data protection rights do not apply to personal data where it
consists of information that the controller is obliged by an enactment to
make public, if complying with those obligations would prevent the
controller from complying with their obligation.
The ‘rights’ that do not apply to information held on the register include
(but are not limited to):
1. GDPR Article 15 (right to access)
2. GDPR Article 16 (right to rectification)
3. GDPR Article 17 (right to erasure)
4. GDPR Article 18 (right to restrict processing)
5. GDPR Article 20 (right to data portability)
6. GDPR Article 21 (right to object)
If you would like to see full details of the rights and obligations that
may be restricted where HM Land Registry is processing your information in
relation to the register please see Schedule 2 Part 1 of the Data
Protection Act 2018. There is further information in relation to your
rights detailed in our Personal Information Charter which can be found at
If you require additional clarification on the rights referred to above
please contact me.
If you are dissatisfied with the response to your request, you have the
right to complain to the Information Commissioner and to seek a judicial
remedy. The Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
Departmental Records Officer
Corporate Legal, Indemnity and Assurance
Head Office, 1 Bedford Park, Croydon CR0 2AQ
DD: 0300 006 7054 |
Email [email address]
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