Mitchell,
You - and everyone else out there in local authority land - need to be
aware that the advice issued by the ODPC last year is flawed.
I won't go into detail here - previous postings have indicated where such
can be obtained. However, new advice is available that identifies an
error OF FACT in the legal argument of the ODPC advice and says that
the internal sharing of data held for C Tax purposes is NOT ultra vires.
A VERY BIG note of caution, however. This does not give us carte
blanche to share anything and everything held for C Tax with anyone
and everyone - it merely addresses the 'higher level' if you like of the
question of vires. All normal DP principles still need to be applied before
data is shared.
Dave Uppington
DPO
South Gloucs
>>> Mitchell Alex <[log in to unmask]> 30/October/2000 05:08pm
>>>
The ODPC has taken QC advice on the use of Council Tax data for
secondary
purposes. Advice is that the personal data can be used for Council Tax
purposes or related purposes only.
Alex Mitchell
Client Services Officer
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: Monday, October 30, 2000 15:38
To: [log in to unmask]
Cc: [log in to unmask]; [log in to unmask]
Subject: Re: Secondary Uses Of Personal Data Held For Council Tax
Purposes
In a message dated 30/10/2000 14:42:55 GMT Standard Time,
[log in to unmask] writes:
<< Condition 5(b) of Sch 2 does not necessarily make the processing
lawful
if
it is not consistent with the purposes for which the data was obtained,
but
S55 (2) (d) would seem to provide a defence in the context of public
safety.
I would have given the same advice as you. >>
-------------------
I too would have given that advice if the building was falling down in a
public place, or the public had access to the unsafe building. That way
CT
could justify the disclosure on public interest or even vital interests
grounds.
Otherwise, say if the building was on private land, or the defect was not
likely to cause serious harm to the public, I would seek the consent of the
data subject.
Obviously, CT should receive the request in writing, stating the DPA
exemption Building Control are relying upon, and they should make an
assessment (as to whether they want to disclose) on a case-by-case
basis.
CT might also want to check that they are not acting ultra vires.
Ian Buckland
MD
Keep IT Legal Ltd
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