We had a similar request and we looked up the legislation quoted.
It gives the IR the right to ask for any information in a licensing
database held by a local authority - in our case they were specifically
targetting taxi drivers and specified the format that they wanted the
information in. You may need to amend your application forms to add a
statement about information being shared with the IR.
>>> Arthur Howell <[log in to unmask]> 08/21/02 02:55pm >>>
Dear All,
This is a request from the Inland Revenue to a LA licensing
department.
"Initially, we would like a list of all current licences held, followed
by
monthly updated of all new and renewal licences issued for the
previous
months. We would like a list of all vehicles currently plated, followed
by
annual updates. In addition, details of mileage recorded where an
annual
inspection is required, on a monthly basis".
The council in question challenged the request and got the following
back:-
"Section 18A of the Taxes Management Act 1970 entitles an Inspector to
require by notice persons who issue licences to furnish certain
information
which is or may be relevant to a person's tax liability, within certain
time
limits.
Notices can be issued under sub-section 18A(2) requiring details of
names,
addresses and other particulars of the licence.
Section 35(1) DPA 98 exempts personal data from the non-disclosure
provisions if disclosure is required by law. It states '35(1) personal
data
are exempt from the non-disclosure provisions where disclosure is
required
by or under any enactment, under the rule of law or by order of the
court'.
The Inland Revenue normally stops short of issuing a formal notice in
order
to avoid being overly bureaucratic.
However, any exemption from the DPA 1998 is intended to be the
exception
rather than the rule. As you are regularly required to provide us with
information it is possible that the Information Commissioner may take
the
view that this exchange forms part of your normal processing activity.
Therefore she may consider that it ought to form an explicit part of
your
Data Protection notification and your publicly available data protect
notification. If you require more information you should seek advice
from
the Information commissioner's office.
The whole question has in fact been discussed fully with your
counterpart in
XXXXXXX City Council and their taxi licensing officer, before
approaching
and issuing letters to other authorities within the area, and it was
agreed
with them that their preferred option was an informal request, which
avoids
any possible question of penalties, if at any time the request cannot
be
complied within the specified time limits. However, if you would prefer
a
formal notice, please let me know as soon as possible and I will
arrange for
one to be issued".
Any opinions out there?
Regards
Arthur
**********************************************************************
The views and comments expressed in this email are confidential to the
recipients
and should not be passed on to others without permission. This email
message does
not necessarily express the views of Bath & North East Somerset Council
and should
be considered personal unless there is a specific statement to the
contrary.
This footnote also confirms that this email message has been checked
for all
known viruses by the MessageLabs Virus Scanning Service.
Making Bath & North East Somerset a better place to Live, Work and
Visit.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**********************************************************************
This e-mail may be read by employees of the Council and is therefore not to be considered private by the recipient. The views expressed in this e-mail are those of the individual and not necessarily the views or opinions of Bracknell Forest Borough Council.
This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you have received this e-mail in error please notify the system manager. Email: [log in to unmask]
This footnote also confirms that this e-mail has been swept by MailSweeper for the presence of computer viruses. Although the Council has taken steps to ensure that this e-mail and any attachments are virus free we advise that in keeping with good ICT practice the recipients should confirm this for themselves.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|