Assuming the statutory disclosure works, the person receiving the information
has to be careful.
The disclosure of personal data to a person may be subject to a statutory
requirement (the non-disclosure provisions), and the obtaining of the
personal data by that person might be fair. However, if the Recipient is a
Data Controller there still might be an obligation to contact Data Subjects
as the subseqeunt processing (i.e. after obtaining) could be unfair - and of
course the Recipient will have to comply with all the data protection
principles and rights of access etc (subject to an exemption of course). In
this latter regard S.36(Domestic and recreational purposes) could be an
issue.
C
-----Original Message-----
From: [log in to unmask]
Sent: 09 October 2001 18:26
To: [log in to unmask]
Subject: Re: Disclosure of Local Authority Accounts
I don't think this data can be anonymised. The disclosure of
individual invoices, bills, receipts etc is required by law. In
England and Wales by s 15 of the Audit Commission Act 1998.
The only statutory exemption is for personal information about a
member of staff. This does not extend to personal information about
anyone else.
Given that these details must be disclosed by law, they are
presumably not subject to the DPA's non-disclosure provisions - see
DPA s 34.
Maurice Frankel
Campaign for Freedom of Information
At 3:10 pm +0100 9/10/01, Broom, Doreen wrote:
>I would have thought that this data had to be anonymised under Data
>Protection but there may be other Local Government/Council Tax legislation
>which would cover this - doubt it though. I doubt whether even a Councillor
>would be able to obtain that information unless there was a need for taking
>legal action against the person and he/she happened to be on that Committee.
>D
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