I take your point - so the question is "Is there a provision in law
governing LAs that allows them to set up a portal for the purpose of
distributing information to all departments and if not how do the government
expect  e-enabled government to take off?"

Alasdair
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 11, 2002 9:23 AM
Subject: Re: FW: COUNCILS 'EXPOSED TO LEGAL CHALLENGE'


> I don't know whether this issue affects all the readers on this list
unless
> Universities and colleges are still classed as public bodies, apologies if
it
> irrelevant . . .
>
> In a message dated 10/09/2002 18:43:08 GMT Daylight Time,
> [log in to unmask] writes:
>
> << Am I missing the point - if the data subjecct has given consent have
they
>  not effectively given the information directly to each relevant
department
>  (subject to adequate Fair Procesing Notice) so it is not CT data being
>  shared across the Council? >>
> ----------
> I suppose it depends upon how the data were collected in the first place.
As
> in the example I gave (and it was just an example in respect of ultra
vires)
> many of councils using such functions as "ihavemoved.com" do so in the
name
> of their CT departments.  If you look at the list of councils signed up to
> that particular website, the majority are finance departments or specific
CT
> functions.
>
> In other examples, the specific legislation affecting the collection of
data
> do not allow other processing to take place because of the way the laws
were
> written.  Such as the planning laws, which do not allow the councils to
sell
> the lists for marketing purposes - but many of them do it and are "subject
to
> challenge" as in the address sharing case.  In some instances, the
> legislation even tells the council from where the information can be
> obtained, thereby adding further problems to the data sharing issues.
>
> In many cases, consent will not override the legislation as nothing in
that
> law allows for it (unlike the DPA which specifically mentions it as a
valid
> justification for processing).  Look at Schedule 2, para 17 of the Local
> Government Finance Act 1992 - the Council Tax legislation - which
> specifically restricts any further use of the personal data.
>
> To say a person has effectively given the data to each department is a
point
> which a court could consider and I do see where you are coming from on
this
> one.  I was only trying to make the ultra vires rule a little simpler to
> understand.  In a nutshell the rule is this:  As private individuals, we
can
> all do whatever we like unless there is a law which prevents it (a
> restrictive law system in general) - but if we are a public body it's the
> other way round, we cannot do anything unless a specific law allows or
> compels it (enabling laws).  DPA will not override any other law as far as
I
> know so the "consent to process" issue is largely irrelevant.
>
> Ian
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
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