In a message dated 08/12/2001 12:01:01 GMT Standard Time, [log in to unmask]
writes:
<< 'The Scottish Prison Service has decided that, under the 1998 Act, it also
needs a waiver. In this hypothetical case I shall call the constituent
Jimmy, which is appropriate. Jimmy telephones me from prison and asks me to
get him released for one day so that he can attend his aunt's funeral. I
phone the prison governor and say, "Why won't you let Jimmy out?" The
governor replies, "I am very sorry, but that is sensitive information. You
must get him to fill in a waiver." I say to him, "You get that done." He
replies, "No, you must do it."' >>
-----------
But this is a problem with administration, not with the DPA nor the need to
ensure you have the person's consent for some disclosures.
Imagine giving an MP or a councillor details of an individual who afterwards
claims they did not want the public servant to represent them and gave no
consent for the disclosure. The representative claims they were "acting on
behalf" yet cannot prove it, you were "reasonably assured" because the person
lives in the area covered by the MP/councillor, yet perhaps the data has been
disclosed against the wishes of the individual.
According to the advice given by the OIC the individual would have no support
from her office in respect of the organisation making the disclosure, he/she
would have to pursue that matter themselves, through the courts. Perhaps a
s55 offence (unlawful procurement) has been committed by the representative
and this might be the only route that could be taken.
Perhaps elected representatives might want to look again at the issue of
obtaining consent, just to protect themselves.
Ian Buckland
MD
Keep IT Legal Ltd
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