This is an area where I believe that correct legal advice must be taken from
a qualified person. While this group's consensus opinion may produce the
same answer as a qualified legal person I do not believe that we are
competent to make this judgement call. I would be unwilling either to
disclose or to refuse to disclose such details without recourse to a legal
opinion. I prefer to have someone to sue if it all goes pear shaped, and to
show that I have taken all reasonable care to comply with the criminal law
in order to avoid a prosecution.
Regrettably the commissioner's office does not appear legally qualified in
such matters. Its opinion (when proffered) is as a guideline, and is not a
defence in law against a prosecution for breach of Data Protection
legislation, EVEN if it has offered advice.
-----Original Message-----
From: Paul Couldrey [mailto:[log in to unmask]]
Sent: 03 September 2001 13:08
To: [log in to unmask]
Subject: Lack of Commissioners Advice
Hi Group,
I have a problem and having spoken to the OIC their lack of guidance hasn't
helped much so I'll open it up for a consensus view. The Housing department
invited a tenant with regard to a fraudulent claim by a landlord. The
tenant confirmed that he was not a the landlords premises for a date range
that the landlord had claimed rent payments. The problem is that the tenant
in the interview expressly stated that he does not want his details passed
or disclosed to the landlord or his representatives, and has promptly
disappeared.
The department are continuing the issue a fraud tribunal is being organised,
the legal representative wants all the evidence to be used against his
client disclosed (a legal requirement), the question is can we disclose
legally, with the express request of the data subject not to.
The tenant has disappeared so I can't gain consent, section 35 covers the
exemption but not the issue of the express request of non disclosure! I
rang the OIC their answer was that they don't know, its a balancing act and
my call, they advised me to get the consent of the data subject, (a no
goer).
Any help?
Paul Couldrey
Data Protection Officer
Wolverhampton City Council
Email Disclaimer
****************************************************************************
********************
DISCLAIMER: This email and files transmitted are confidential and are
intended solely for the use of the intended recipient. If you are not the
intended recipient, or the person responsible for delivering it to the
intended recipient, you may not copy, disclose, distribute or use it in any
unauthorised manner. If you have received this email in error please notify
us by telephone on 01902-554455 or by email to
[log in to unmask] and then delete it and any attachments
accompanying it. Please note that Wolverhampton City Council cannot
guarantee that this message or any attachments are virus free or have not
been intercepted and amended.
Any views or opinions expressed within this email are those of the author
and may not necessarily reflect those of Wolverhampton City Council and no
contractual arrangement is intended to arise from this communication.
****************************************************************************
********************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
