Hello All,
I am having a problem rationalising the "fair obtaining" for the staff
invoved with the issuing of Licences of various types and their other duties
in the Health and Safety at Work or Food Inspections arena.
The information that is often obtained for one statutory purposes or
obtained during one type of inspection often provides the spark to start of
the need to perform another type of inspection. Be this food premises or
health and safety provisions etc etc.
In a common sense way, because of the statutory duty in protecting staff
employed in those premises or the general public, the inspectors are
conducting their roles efficently and effectively by continuing with the
other inspection that has come to their attention because of the intial
request for a licence or because they are already at the premises to perform
a different inspection. For example, original obtaining for food hygene
licence but this triggers off the inspector realising that a Health and
Safety Inspection is also required for the premises but this has not been
specifically requested yet but this is performed whilst at the premises.
These staff work in an area that is covered by many statutes and having
received information on one front it is used on several fronts because the
same staff person deals with them all. ( Demolition of internal chinese
walls)
However, what is the justification for this secondary use of personal data
collected under a statute for another purpose without obtaining further data
subject consent.
Again I am aware that many of these instances will be for businesses and
therefore the data protection act does not apply but the inspectors also
inform me that more and more small business are now sole traders or
partnerships which are covered by the Act.
How do other authorities justify obtaining information for one purpose,
entering it in a database along with other information and then using that
information, and any other all in the database, for other purposes (albeit
statutory) but without further obtaining or consent from the original
obtaining.
Your replies eagerly awaited.
Robert Mendonca.
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