In a message dated 18/02/2003 12:14:32 GMT Standard Time,
[log in to unmask] writes:
> Are other authorities relying on the 'Social Welfare Services' description
> under the 'Social Services' purpose in their notification for the
> Supporting
> People initiative or are SP notifying in their own right? Also, are you
> writing to claimants to tell them that their information is being shared
> with Supporting People?
-------------
The advice from the DWP (see response from Lewis Bourne at Dudley) is a good
pointer towards obtaining consent from, rather than just informing, the data
subjects.
Even if another condition under Schedule 2 could be found, let alone Schedule
3, the action of merely informing people is still likely to be "unfair." The
OIC have advised in the past that if the data are to be used for a different
purpose for which they were originally collected, an opt in (rather than opt
out) is the order of the day.
As the initiative is aimed at local authorities it is likely that they are
the data controllers, regardless of the source of the data. Unitary
authorities are likely to keep the data within their own boundaries whereas
district councils may be making consented disclosures to the county council,
and vice versa. Unlike the YOTs, it is unlikely that SP will be controlling
data independently of the primary council.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do
not rely upon any advice given without contacting your solicitor. If you
need further explanation of any points raised please contact Keep I.T. Legal
Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|