I agree with Paula that students should be made aware that their personal
information may be used for this purpose and if they are not aware of that
then you cannot just disclose the information. If proper procedures have
been agreed then a third party agreement should be signed with the third
party to ensure that the data is only used for the purposes they state it
will be used. Remember any data matching procedures have to be agreed by
the Information Commissioner before any processing may commence. All Data
Controllers must be very careful with data matching.
Doreen
> -----Original Message-----
> From: Temple, Angela [SMTP:[log in to unmask]]
> Sent: 12 June 2001 11:54
> To: [log in to unmask]
> Subject: Re: Council Tax
>
> Isn't section 29 (3) of the DPA relevant here. This says that personal
> data are exempt from non-disclosure provision if the disclosure is
> necessary for the "assessment or collection of tax or duty or of any
> imposition of a similar nature" and the application the non-disclosure
> provision would be likely to prejudice the "assessment or collection of
> tax..."
>
> This means that we could be obliged to disclosure for purposes of
> collecting council tax (without an individuals consent etc) but we must
> make a judgement about whether failure to comply with the request will
> prejudice the Council's ability to collect the tax - making such an
> assessment is likely to be difficult so we have to rely on the council
> providing documentary evidence to support their request. The absence
> of documentation may justify refusal to disclose the requested personal
> data. I am not sure how the use of a third party by the Council to
> collect the data would affect the situation but would assume that the
> Council would have a contract concurring security and a letter from
> the Council authorising the third party to request the information under
> section 29 would be sufficient. Any views/objections to this?
>
> The section also applies to the prevention or detection of crime; the
> apprehension or prosecution of offenders and discharge of regulatory
> functions (including securing the health, safety and welfare of persons at
> work). This is similar to the situation discussed on the list
> about disclosure of info to the police. Angela
>
> ***********************************************
> Angela Temple
> Committee and Policy Support Officer
> Planning Support Office
> Sheffield Hallam University
> Tel: (0114) 225 3361
> Fax: (0114) 225 3498
>
>
> -----Original Message-----
> From: Paula Leon [mailto:[log in to unmask]]
> Sent: 12 June 2001 10:30
> To: [log in to unmask]
> Subject: Re: Council Tax
>
>
> Is the PURPOSE fro which you are using the data for listed in your D.P
> registration???,have you specified that the data may be shared with
> these kinds of third party contractors, if so then that is o.k, for it is
> the purpose and disclosures we register, not the company.
>
> Also do your students know that there information is being shared for this
> purpose?, under D.P Prinp 1, they have a right to know.
>
> Remember if you are sharing information with third party contractors, it
> is your duty to make sure they know your requirements for handling
> your data, i.e it would be best if you had a WRITTEN policy to give them,
> so that they are aware of what they can and cannot do with the
> data. e.g they must endure that the data is kept secure at all times and
> not disclosed to any persons whom you have not specifically said.
> etc
>
> Paula
>
> >>> A Linford <[log in to unmask]> 12/06/01 10:17:12 >>>
> Good Morning People....
>
> I'm after confirmation from anyone that can help with regard to a current
> question here at the University of East London.
>
> Where a London Borough has contracted out it's work for the collection of
> Council Tax and Benefits. Is the University allowed to release
> information
> relating to Students even if the Third Party (in this case the Borough's
> Contractor) is not listed in the University's Data Protection Registry?
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> _____________________________________________________________________
> This message has been checked for all known viruses by UUNET delivered
> through the MessageLabs Virus Control Centre. For further information
> visit
> http://www.uk.uu.net/products/security/virus/
>
>
> _____________________________________________________________________
> This message has been checked for all known viruses by UUNET delivered
> through the MessageLabs Virus Control Centre. For further information
> visit
> http://www.uk.uu.net/products/security/virus/
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**********************************************************************
This email is privileged, confidential and subject to copyright.
Any unauthorised use or disclosure of its content is prohibited.
The views expressed in this communication may not necessarily
be the views held by Scottish Borders Council
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|