So, we come, as usual, to common sense and documented procedures. Two sets
of QCs have differing views, which is unsurprising, since each will have had
a subtly different brief, albeit similar in essence.
Case law is required with precedent to follow. I suspect Doreen does not
want to be the precedent here.
The choices for Doreen are thus:
Ask her legal team for counsel's opinion
Ask the OIC for an opinion
Ask her legal team to consider both views expressed in prior correspondence
and to combine with her on an enquiry to the OIC.
I vote for the third choice, with choice one following in its wake. But
what we all have to judge, day by day, is business risk to our organisations
of compliance vs non compliance. This is no different from insuring
corporate vehicles, obeying health and safety law and so much else.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan (hotmail)
Sent: Thursday, October 30, 2003 4:42 PM
To: [log in to unmask]
Subject: Re: [data-protection] sharing database information
Thanks Doreen -
But been there and done that...
The OIC's response was "you have your view and we have ours." Although you
should note that I am not giving legal advice as such. However my argument
is also backed up by Andrew Arden QC and Michael Beloff QC.
The OIC's advice whilst persuasive is not the definitive law especially on
this issue as the question turns on an area of local authority law which is
not their realm.
Regards
Ibrahim Hasan
www.actnowtraining.co.uk
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: "Ibrahim Hasan (hotmail)" <[log in to unmask]>;
<[log in to unmask]>
Sent: Thursday, October 30, 2003 4:19 PM
Subject: RE: sharing database information
> ***** THIS EMAIL WAS SENT VIA THE INTERNET *****
>
> All
>
> I am not sure as a local authority DP person that I can rely on the
> advice of Ibrahim as it contrasts with the advice given by a leading
> QC on behalf of the OIC. I am not saying that Ibrahim is not correct
> but acting on behalf of the Council we need solid advice which we can
> put into practice and as a public authority employee I have to follow
> the OIC advice - which
I
> can quote if taken to Court. Is it not possible for Ibrahim to meet
> up
with
> the OIC to discuss....rather than obtaining conflicting opinions.
>
> Sorry Ibrahim not having a pop at you but when you are the one liable
> to
be
> sued .........
>
> D
> -----Original Message-----
> From: Ibrahim Hasan (hotmail) [SMTP:[log in to unmask]]
> Sent: 30 October 2003 15:49
> To: [log in to unmask]
> Subject: Re: sharing database information
>
> ***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
>
> Dear All
>
> I have actually read the whole Shepway advice and Carolyn is correct
> to say that it turned on the vires of council tax usage for secondary
> purposes. I personally thought it was a too narrow interpretation.
>
> My views are set out in my article mentioned previously.
>
> Ibrahim Hasan
> www.actnowtraining.co.uk
>
>
> ----- Original Message -----
> From: "Carolyn Howard" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Thursday, October 30, 2003 1:44 PM
> Subject: Re: [data-protection] sharing database information
>
>
> > Speaking from a local govt perspective - in very simplistic terms
> a
> > public body has to ask itself two questions:- 1. Does the
> > organisation have the legal authority to share the
> info? (Or,
> > are there any specific constraints on us preventing us sharing
> this
> > info?)
> > 2. If there is a power, does the act of sharing comply with data
> > protection and human rights legislation (and possibly Caldicott)?
> > My understanding of the Shepway case is that it failed because it
> felt
> > that under council tax legislation it was specifically prevented
> from
> > sharing personal details held on the council tax database with
> other
> > parts of the council, therefore to do so would have been acting
> ultra
> > vires. Questions of DP compliance etc never came into it.
> >
> > Priority: NORMAL
> > Date sent: Thu, 30 Oct 2003 13:21:24 +0000
> > Send reply to: [log in to unmask]
> > From: Ricky Rankin
> <[log in to unmask]>
> > Subject: [data-protection] sharing database
> information
> > To: [log in to unmask]
> >
> > > A colleague has sent me the following reference to a case
> regarding
> > > councils sharing/exchanging information bewteen databases
> > > http://www.guardian.co.uk/online/story/0,3605,1068319,00.html
> > >
> > > We are involved in a couple of projects that share export data
> from
> > > one database to another.
> > >
> > > Is there a clear explanation of what is allowed?
> > >
> > > Ricky
> > >
> > > Ricky
> > >
> > > ----------------------
> > > Ricky Rankin
> > > Principal Analyst
> > > Computing Services
> > > Queen's University Belfast
> > >
> > > tel: 02890 273819
> > > fax: 02890 335073
> > > email: [log in to unmask]
> > >
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> > Solicitor
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> >
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