Section 38 and Section 278 highway developer works privacy notice

Information held about you

In order to provide S38 and S278 highway agreement and highway development services to you, it is necessary for us to collect and hold personal information about you. This information will include:

• Basic details about you such as address, telephone number, email address.
• Contact we have had with you such as site visits and meetings.
• Photographs and progress details of the works once agreements are signed and construction is being carried out.

Who is processing your data

All personal data held, is processed in accordance with data protection law. The data controller for the information outlined in this privacy notice is Herefordshire Council.

How we will use the information we hold about you

We will collect information about you (where applicable) to:

• Process applications for Section 38 and Section 278 agreements
• Ongoing contact whilst the development site is constructed

How the law allows us to use your information

The legal basis for processing the data is:

• Our legal obligation under the Highways Act 1980
• In the public interest or in the exercise of official authority

Who we will share your information with

We will not normally share your information with organisations other than our partner organisations without your consent, however, there may be certain circumstances where we would share without consent such as where we are required to do so by law, to safeguard public safety, and in risk of harm or emergency situations. Any information which is shared will only be shared on a need to know basis, with appropriate individuals. Only the minimum information for the purpose will be shared.

How long we keep your personal information

We will only keep your information for the minimum period necessary. The information outlined in this privacy notice will be kept in accordance with our retention schedule, available on this website although, in the case of S38 and S278 order applications it may be retained as part of the public record. All information will be held securely and destroyed under confidential conditions.

Your rights

You have a number of rights under data protection law, including the right to request your information and to request that the information be amended or erased if incorrect.

To request your records, you will need to put your request in writing and provide proof of identification to the Information Governance Team, Herefordshire Council, Plough Lane, Hereford HR4 0LE or via email, informationgovernance@herefordshire.gov.uk

You also have a right to make a complaint about our handling of your personal data to the Information Commissioner’s Office

Providing accurate information

It is important that we hold accurate and up to date information about you in order to assess your needs and delivery the appropriate services. If any of your details have changed, or change in the future, please ensure that you inform us as soon as possible so that we can update your records.

Further information

If you have any questions or concerns about how your information is used, please contact the highways adoption team highwayadoptions@herefordshire.gov.uk in the first instance.

You can also contact the Data Protection Officer, at Herefordshire Council, Plough Lane, Hereford HR4 0LE, email: informationgovernance@herefordshire.gov.uk

More information about data protection and how it applies to you can be found on the Information Commissioner’s Office website.

Service web page

Highway development

Last updated date

June 2026