In previous discussions with a member of the IOC's staff he was strongly of
the view that processing between departments of the same organisation may be
wrong because the data subject was not aware of the purposes to which the
information would be put at the time of giving the information. So, the
issue is not whether the departments belong to the same legal person but
whether the test of fair processing has been met.
We have tried to get consent as regards the sale of council houses to
sitting tenants who owe the Council money (e.g. rent arrears, council tax
arrears). In the offer to sell we make it clear that the sale is entirely
conditional upon all arrears being cleared before settlement, or else we can
refuse to sell the house. My argument is that I can data match because, by
accepting the offer with that clause in it, the tenant has agreed to data
matching being carried out. The same IOC staff member was not happy at our
practices but conceded that it did comply with the terms of the DPA.
David Logan
Principal Solicitor
West Dunbartonshire Council.
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