All,
Approaching this from the other direction, I would advise councillors to
have a signature on a bit of paper FOR THEIR OWN PROTECTION. It's not
inconceivable that the constituent comes along at a later date and says,
"What meeting? What permission? I'll sue!" if things don't go the way they
expect. Given that meetings in councillors' surgeries are mainly verbal,
with some notes, there is little to prove what was said at a later date. The
constituent may even have raised an issue as a result of a conversation in
the street or on the doorstep.
As councillors are elected to do the *job* of representing their
constituents, I think it is reasonable to deal with councillors face to face
and on the phone as if they were acting with the authority of the
constituent in particular cases, otherwise every single request for
information would have to be in writing with a copy of the constituent's
authority. This does not give carte blanche for any fishing expedition they
choose. Of course, at some point, decisions will have to be recorded in
writing. Councillors must also be aware of the penalties if they get it
wrong and act outside their remit as councillors.
Allan
-----Original Message-----
From: Paul Couldrey [mailto:[log in to unmask]]
Sent: Tuesday, 10 April 2001 09:04
To: [log in to unmask]
Subject: Re: [socitm-sdpg] Councillor Case brought by ICO
hi all
Just to play devil's advocate what stops an elected member saying that they
have the consent of the individual? is that to be taken at face value? the
advice would suggest so, as the only real test is questioning if the data
subject lives in the ward the councillor represents if they do the
commissioners advice has been followed. The problem is how is this
evidenced?, should elected members be asked for signed consent from data
subjects? when this was suggested to a local
elected members at my council all hell broke lose.
Paul Couldrey
-----Original Message-----
From: Ken Allen [mailto:[log in to unmask]]
Sent: 10 April 2001 09:03
To: [log in to unmask]
Subject: RE: [socitm-sdpg] Councillor Case brought by ICO
That's not how I read the Commissioners advice. My interpretation was that
if constituents ask their ward councillor to act as their representative on
a specific issue, then the council can assume that the data subjects have
given the councillor permission to see their records. I did not think that
the OIC was giving a councillor 'blank cheque' permission to see any
personal records relating to any constituent in the ward. It certain does
not include disclosure for political purposes. The relevant paragraph is
reproduced below.
"Disclosures of personal data to elected members acting on behalf of local
taxpayers
The Act provides that personal data may always be disclosed at the request
of or with the
consent of a data subject. A Council does not generally have to obtain the
consent of the data
subject to the disclosure of their data to a Councillor providing that the
Councillor represents
the ward in which the data subject lives (in which case there may a be a
reasonable presumption
that the member is acting on behalf of the data subject). In other cases, or
where the data in
question are of a particularly sensitive kind, it may be prudent to seek the
signed consent of the data subject. In any event, in providing information
to the Councillor, the Council should make clear that it is provided for the
limited purpose of assisting the data subject and must not be used for any
other purpose. This may either be done on each occasion that information is
disclosed to a member or more generally by requiring adherence to a code of
practice. It would certainly be good practice to make a note of any requests
by Councillors for information."
Ken
-----Original Message-----
From: Terry Street [mailto:[log in to unmask]]
Sent: 09 April 2001 22:58
To: [log in to unmask]
Subject: [socitm-sdpg] Councillor Case brought by ICO
I have "Cross posted" this as it gives details of alleged breach
involving a Councillor (originally raised by Doreen Broom) note that the
ICO has updated guidance so the material from Ken Allen on members may
need to be revised.
Terry
Chair SDPG
------- Forwarded message follows -------
In a message dated 09/04/2001 17:44:53 GMT Daylight Time,
[log in to unmask] writes:
<< I read recently that the Commissioner was taking a Councillor to Court
(down
in Redditch) but no details have yet been published as far as I am aware -
anyone know anything. It's just that I am about to give advice to our
Councillors and it may be useful to point out what could happen. I presume
it is probably linked to mis-use of the Electoral Roll. >>
------------------------
The case is in relation to a Council Leader who obtained a copy of a
database
containing details of Bromsgrove's free-bus-pass recipients. He used the
database on his home computer to mailshot them for party political reasons.
It would be interesting to see how councils will deal with this type of
thing
in the future following the new guidance on the OIC website, essentially
that
if a councillor asks for details of someone who lives in the councillor's
ward the council can ASSUME they have consent to disclose.
The advice sounds wrong (and dangerous) to me. The thought of my local
councillors asking for my details and being given them without me consenting
horrifies me!
Ian Buckland
MD
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
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