I certainly believe there is some mileage in the use of the Part 1 Local
Government Act 2000 powers to promote the economic environmental & social
well-being etc that needs to be explored & pushed.
There are limitations to these new powers, but the basic issue about sharing
data is one of the powers (vires) of the local authority, & as the
Government's own guidance says:
"Local authorities can only do what they are empowered to do by statute, and
any other action would be considered by the courts to be ultra vires. The
new power does not change this situation, but it does significantly extend
the vires of local authorities. Under the new power, councils are able to
undertake any activity that promotes the well-being of their area, except
where they are specifically restricted from doing so by any prohibition,
restriction or limitation spelt out in other legislation."
My understanding is there is to be some activity to promote/re-launch these
new powers, which haven't by & large been taken up a lot (for a variety of
reasons). An issue we have raised as potentially relevant which could be
held out as a use for the powers is to provide a vires, subject to the
limitations & provided it meets the legislative requirements set out in the
2000 Act, to allow more general data sharing both within Councils & with
partners.
Obviously one would still have to comply with the data protection
requirements, but knocking a big hole in the vires argument would go a long
way.
Anyone interested in reading more may care to see the Government's Guidance
on the LGA 2000 Part 1 powers which is at
http://www.odpm.gov.uk/stellent/groups/odpm_localgov/documents/page/odpm_loc
gov_605709.hcsp
------------------------------------------------------------------------
Mark R Heath
Solicitor to the Council
Legal & Democratic Services
Southampton City Council
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-----Original Message-----
From: Ibrahim Hasan (hotmail) [mailto:[log in to unmask]]
Sent: 04 November 2003 09:34
To: [log in to unmask]
Subject: [data-protection] Data Sharing again
I was sent this by someone who picked it up from an online newsletter.
------------------------------------
02: WEHAVEJOINEDFORCES.COM.
The two main providers of electronic, one-stop change of address
services to councils - the company formerly called ihavemoved.com
and the Royal Mail (http://www.royalmail.com) - have joined forces.
Two years of talks between the former competitors have culminated in
Royal Mail taking a 25 per cent stake in the former ihavemoved.com,
which has changed its name to Moving Technologies and its product
name to iammoving.com (http://www.iammoving.com).
Moving Technologies says it currently has 45 local council clients
using its technology, which allows citizens to inform government
departments and other services of their change of address in one fell
swoop.
"Some 85 per cent of local council data is made up of citizens'
addresses," says Francesco Benincasa, the company's chief executive.
"Our research shows local authorities could cut some 130 million
pounds out of their cost base over three years just by working more
efficiently on changes of address."
However, there is currently confusion among local authorities about
the potential legal issues raised by change of address services. In
September 2002, Shepway District Council
(http://www.shepway.gov.uk) in Kent was advised by solicitors
Nabarro Nathanson (http://www.nabarro.com) that it could be acting
unlawfully if it shared resident change of address data between
departments.
Rupert Battcock of Nabarro Nathanson advises local authorities to
examine other areas of legislation to find legitimacy for services, such
as the Local Government Act of 1972 which confirms the powers of
local authorities to do things that are incidental to other activities. He
also cites the Local Government Act 2000 which gives councils the
power to carry out acts that are in the interests of environmental, social
and economic wellbeing.
Paul Boyle of the information rights division at the Department for
Constitutional Affairs concurs. "Change of address can be construed as
being in the social interests of citizens and in the economic interests of
the council, as it makes their processes more efficient," he says. The
Department for Constitutional Affairs is due to issue guidance to local
authorities in the next few weeks which it says will clear up many of
these issues.
---------------------------------
Ibrahim Hasan
www.actnowtraining.co.uk
Information Law Training for the Public Sector
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