In a message dated 03/09/2002 15:11:56 GMT Daylight Time,
[log in to unmask] writes:
<< Our Public Protection Department are claiming exemption to have
CouncilTax/Benefit data on the grounds that they can argue that the
information is required in relation to their Statutory Enforcement Powers,
which are criminal as opposed to civil legal proceedings.
They are looking for the name and address of the owner of a vacant property.
>>
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It depends on what they want it for.
If the building is about to fall down and harm someone walking past
(dangerous buildings regs), a public interest argument arises anyway. If the
building is in need of renovation for aesthetic reasons, the law is not so
clear. Public Protection departments do have some powers and they should be
able to quote them at you chapter and verse - if you are not convinced that
the powers include access to personal data then refuse - politely of course.
If they are about to start the criminal proceedings, section 35 might apply.
Ian
Ian Buckland
Managing Director
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:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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