There was some discussion about this at a data protection meeting I attended
because local authorities were being inconsistent about asking for evidence
of consent from the data subject when responding to requests from MPs.
Following on from the meeting we were given a copy of the 'Guidance for
Members of Parliament on the Data Protection Act 1998' (17 May 2000).
The section on constituency casework says:
"We are advised that there is no need for the Member to seek the data
subject's consent (either explicit or otherwise) to the processing in cases
where
* the personal data processed does not include sensitive personal data; and
* the data subject provides the personal data to the Member in connection
with constituency casework, and
* the processing of that data is not likely to prejudice the data subject's
rights, freedoms or legitimate interests"
Given that the advice to local authorities from the Information Commissioner
says that they can operate on the assumption that Councillors are acting on
behalf of their constituents when they request information on a case by case
basis, I would argue that, unless the information is sensitive information
as defined by the Act, you can respond to requests from MPs and Councillors
as agents of the data subject. Where it was sensitive information, I would
expect explicit informed consent from the data subject.
In this case, if you have been provided with a copy of the original
correspondence from the data subject then you're ahead of the game.
I won't pretend this is a rigorous interpretation of the law - just a
pragmatic summary of the situation based on existing advice.
Allan
-----Original Message-----
From: Colette Healiss [mailto:[log in to unmask]]
Sent: 07 March 2002 11:03
To:
Subject: Re: Disclosure
I thnk you need confirmation of consent. If the information is sensitive,
consent needs to be explicit. Perhaps the letter to the MP contains a clear
statement of the kind so a copy of it would be helpful but its always safest
to be cautious and only release if you are sure the consent is given. The
student could always get the information via an SAR.
Colette Healiss
DP Administrator
St Helens Council
[log in to unmask]
Sent by: This list is To:
for those interested cc:
in Data Protection Subject: Disclosure
issues
<data-protection@JISCM
AIL.AC.UK>
07/03/2002 10:52
Please respond to
G.M.Waters
An MP writes to us saying he is following up a complaint from a student made
to him. I am reluctant that personal data (which would involve financial
aspects) be disclosed without evidence of consent. Would a copy of the
letter to the MP be sufficient? Have you had similar or what would you do?
Gail Waters DP Coordinator Open University
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