Hello Tommy
I agree the research exemption does appear wide open. However, the OIC's
Legal Guidance emphasises that for the exemption to apply, other parts of
the Act must be complied with. So, if the data subject could not envisage
that their personal data would be disclosed for research purposes to the
organisation you mention in your example, you would need to go through the
whole fair processing bit again, and probably obtain consent, particularly
if sensitive personal data are involved. (See para 5.7 of the Legal
Guidance).
On the Council Tax issue, I don't think you need to divert Fluffy from his
duties. The restriction on using Council Tax data for other purposes stems
not from the DPA but the Local Government Finance Act (and yes I know there
has been conflicting advice from counsel, but I prefer to stick with the
OIC's version unless a court says otherwise). If it's unlawful under the
Local Government Finance Act then it must fail the lawful processing test
under the First Principle.
Hope this helps
Stuart
Stuart Lynch Consulting
Training/Consultancy in
Privacy/Information Protection
Tel 01704 870365
mailto:[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Tommy Kennedy
Sent: 08 March 2002 14:17
To: [log in to unmask]
Subject: Research, History & Statistics
All
I had cause to look a bit more closely at the Research, History and
Statistics exemption this week.
And was a bit surprised at the extent of the exemption.
So a query to help clarify my understanding:
An organisation approaches a Council and asks for a copy of personal
information held.
The information will be used solely for research purposes.
And the 33(1) "relevant conditions" will be met.
Subject to the usual safeguards, the Council can then pass the information
out.
Even where the information was collected by statute for an unrelated purpose
(e.g. Council tax).
Is this correct ?
thanks
Tommy Kennedy
South Ayrshire Council.
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