Confidentiality
Version 06.04 July 2025
The RTPI Code of Professional Conduct (the Code) sets out the required standards of professional conduct and practice expected of RTPI members. Its purpose is to protect and guide practitioners, and to serve as a tool to maintain public trust in the profession. All members, irrespective of their class of membership, are required to adhere to its five core principles:
- Honesty and integrity;
- Professional competence;
- Independent professional judgment;
- Professional practice and duties;
- Professional behaviour and respect.
This guidance has been prepared to support RTPI members with their professional responsibilities with particular regard to maintaining confidentiality.
The Code of Professional Conduct has a number of clauses that are applicable to maintaining confidentiality. The relevant parts of the Code are within clauses 1 and 4 which state:
- Members are required to uphold the highest standards of professional ethics and must act with honesty and integrity throughout their career.
- Members must not disclose or use to the advantage of themselves, their employers or client’s information acquired in confidence in the course of their work, unless disclosure is required by law, or is with the written and informed consent of the party benefitting from the confidence.
All RTPI members have a responsibility to protect information acquired in confidence over the course of their work and ensure that it is not used to the advantage of themselves, their employers or clients. An RTPI member who acquires information on behalf of a prospective client is still bound by the duty of confidentiality even if no fees have been incurred, or if there is no subsequent retainer.
RTPI members moving from one employment to another should be aware that issues under discussion at the time of their former employment may still be current and any confidences relating to these issues will be especially sensitive. A member risks breaching the confidence of their former employer if knowledge gained over the course of their former employment is disclosed, yet they owe a duty of care to act for, and in the best interests of, their new employer or clients.
You must not undertake the work if there is a risk of a breach of confidence, or if the knowledge which you possess would give an undue advantage to a new client or employer. If the confidentiality of particular information is in question then the test is whether or not it would have been revealed to a member of the public making the most diligent but fair enquiry.
If after careful consideration it appears that a conflict (or the perception of a conflict) might arise, you should discuss the matter with your former employer. If this discussion confirms the possibility of conflict, you should advise your client that you cannot personally undertake the work. You may still act against a client of a former employer, provided you have not worked directly for that client in respect of the same matter or have personally relevant information about the affairs of that client.
Case study example:
A complaint was lodged by an objector to a neighbour’s planning application. The complaint was against a consultant member who was acting for the neighbour. The complainant was a previous client of the planning consultant who alleged that the member was in receipt of confidential information which they may have used for the benefit of the neighbour. The RTPI member was entitled to act because the complainant was no longer a client and ceased being so some years ago. However, the member has a duty to ensure that they do not make use of any knowledge or information acquired in confidence from when they acted for the complainant, for the benefit of the new client. In addition, the RTPI member should not be seen to express a materially different professional opinion on the matter except where new material considerations have arisen since acting for the previous client.
Case study example:
A member previously employed by a Local Planning Authority was found to have breached the Code for disclosing confidential and privileged information including Counsel’s opinion to the solicitors acting for a developer. The member admitted sharing the information in error and the Panel found no evidence of an intent. The member was warned as to their future actions.
Members may also obtain confidential information through voluntary roles within the Institute, for example when acting as an assessor for routes into RTPI membership. The need to maintain confidentiality extends to these wider professional activities as well as those in their work situation.
For public sector planners, there may be pressure to provide information on the source of a complaint, particularly in relation to enforcement matters. The importance of, and approach to confidentiality in such cases, will normally be set out in the authority’s planning enforcement statement.
There may be instances where a member is asked to disclose information to the police or to the courts about their clients or their activities. The Code of Professional Conduct requires that you maintain confidentiality unless that disclosure is required by law or is with the consent of the party benefitting from the confidentiality. Members may therefore either seek consent to make the disclosure, or request that a warrant be issued for the documents. In some cases, members may wish to secure legal advice and/or seek the advice of their manager and/or legal advisors.
The General Data Protection Regulation (GDPR) includes requirements for the management of data. The Planning Advisory Service has provided guidance on ‘Planning and GDPR.’ which local planning authorities and members who provide consultancy support to the public sector should be mindful of. This is available at: https://www.local.gov.uk/sites/default/files/documents/20210622%20%20Planning%20and%20GDPR%20PAS%20guide.pdf