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
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