Isn't section 29 (3) of the DPA relevant here.  This says that personal data are exempt from non-disclosure provision if the disclosure is
necessary for the "assessment or collection of tax or duty or of any imposition of a similar nature" and the application the non-disclosure
provision would be likely to prejudice the "assessment or collection of tax..."
 
This means that we could be obliged to disclosure for purposes of collecting council tax (without an individuals consent etc) but we must
make a judgement about whether failure to comply with the request will prejudice the Council's ability to collect the tax - making such an
assessment is likely to be difficult so we have to rely on the council providing documentary evidence to support their request. The absence
of documentation may justify refusal to disclose the requested personal data.  I am not sure how the use of a third party by the Council to
collect the data would affect the situation but would assume that the Council would have a contract concurring security and a letter from
the Council authorising the third party to request the information under section 29 would be sufficient.  Any views/objections to this?
 
The section also applies to the prevention or detection of crime; the apprehension or prosecution of offenders and discharge of regulatory
functions (including securing the health, safety and welfare of persons at work).  This is similar to the situation discussed on the list
about disclosure of info to the police.  Angela
 
***********************************************
Angela Temple
Committee and Policy Support Officer
Planning Support Office
Sheffield Hallam University
Tel: (0114) 225 3361
Fax: (0114) 225 3498
 

-----Original Message-----
From: Paula Leon [mailto:[log in to unmask]]
Sent: 12 June 2001 10:30
To: [log in to unmask]
Subject: Re: Council Tax


Is the PURPOSE fro which you are using the data for listed in your D.P registration???,have you specified that the data may be shared with
these kinds of third party contractors, if so then that is o.k, for it is the purpose  and disclosures we register, not the company.

Also do your students know that there information is being shared for this purpose?, under D.P Prinp 1, they have a right to know.

Remember if you are sharing information with third party contractors, it is your duty to make sure they know your requirements for handling
your data, i.e it would be best if you had a WRITTEN policy to give them, so that they are aware of what they can and cannot do with the
data. e.g they must endure that the data is kept secure at all times and not disclosed to any persons whom you have not specifically said.
etc

Paula

>>> A Linford <[log in to unmask]> 12/06/01 10:17:12 >>>
Good Morning People....

I'm after confirmation from anyone that can help with regard to a current
question here at the University of East London.

Where a London Borough has contracted out it's work for the collection of
Council Tax and Benefits.  Is the University allowed to release information
relating to Students even if the Third Party (in this case the Borough's
Contractor) is not listed in the University's Data Protection Registry?

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