In a message dated 30/10/03 13:22:00 GMT Standard Time,
[log in to unmask] writes:
> 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?
--------------------
Unfortunately there isn't a clear guide. All public bodies are creatures of
statute, and as such must find a piece of legislation that allows a process to
take place. It is not sufficient to say "there isn't a law that prevents it,
so it must be lawful". There must be a statute specifically allowing the
sharing of personal data - otherwise it would be "ultra vires" even with consent.
In the case of council tax data not only is there no law allowing its use for
other purposes, there is actually written in law that it specifically
**cannot** be used for other purposes. A new law allowing a limited use of the CT
data (for identifying empty homes and contacting the owner with a view to
bringing it back into use) will soon come into force but other than that it can only
be used for CT purposes.
In the case of Universities and other bodies, there must be specific
legislation allowing the use of data you intend to share. Your lawyers should be able
to assist and when you have ensured the sharing is lawful (remembering common
law confidence, Human Rights and legitimate expectation, as well as ultra
vires, you must ensure the processing is fair.
Talking of fairness, another problem with secondary use of CT data is that
all the forms advise the individual that they are required in law to complete
the form - this would not apply to other uses of the data so the individual is
automatically misled.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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