I think it's a bit unfair to expect Ibrahim to "fight the good fight" on
behalf of local authorities. I personally agree with his contention that
the advice given by Nathan Navarro et al, only gave only a very strict
interpretation of the letter of the law. It did not factor in the
likelihood of the IOC, or anyone else for that matter, of ever pursuing such
a case, which I think is minimal. After all, Shepway Council were simply
trying to offer their council tax payers an improvement in the level of
service provided, in order to make their lives easier. Who exactly is going
to make a complaint against that? I agree with Tim, a test case is
required to show local authorities the way, but who on earth is going to be
brave enough to put themselves forward as that test case? In the meantime,
it's a great excuse to do nothing........
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 30 October 2003 16:20
To: [log in to unmask]
Subject: Re: [data-protection] 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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> Carolyn Howard
> Solicitor
> Leicester City Council
>
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