I was advised that they can only obtain the information if they are acting
on behalf of a constituent. They cannot just go in to offices and demand
information as it is a breach of the DP Act - it is a bit like a fishing
expedition.
> -----Original Message-----
> From: Yuill, Allan [SMTP:[log in to unmask]]
> Sent: 12 May 2000 16:03
> To: 'Leif Wilks'
> Cc: 'DP Mailbase'
> Subject: RE: Disclosures to Elected Members
>
> Leif, IMHO
>
> Under the 1984 Act, the Registrar published advice on the 'Disclosures
> made
> by Local Authorities to Elected Councillors/Members'. Basically, it said
> that it was allowed if you were registered (we were) and it didn't breach
> any of the Principles (hope not).
>
> Councillors may be exposed to personal data about Council employees
> through
> their committee work or other Council business. In this situation the
> elected member is acting as a member of the authority. They may also
> approach Council officials in their capacity as a representative of a
> constituent. This would have to be registered accordingly and Council
> officials would have to be satisfied that the elected member was acting
> with
> the full authority of the data subject.
>
> However, in all cases Council officials will have a duty of
> confidentiality
> to the employee and can only disclose information in line with the
> registration and Principles. I would suggest that requests for personal
> information should always be channelled through a senior officer of the
> Council and all elected members made aware of the procedure. Any
> (theoretical) breach would deserve a swift kick in the b** from the Leader
> of the Council. Its hard for inexperienced members of staff to stand up to
> that kind of intimidation, but it is a breach of procedure (and probably
> the
> law) and should be treated seriously, although with mitigation.
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