Doreen,
You do not have an obligation to disclose under S29. It is an exemption you
can use if you choose to disclose the Personnel information to the other
authority. It is still your choice whether to do so.
If it is any comfort, we were subject to an assessment from the OIC
following a complaint in a similar vein. Briefly, information was disclosed
from our personnel records to the council tax section that indicated a CT
fraud. The employee complained to the OIC. However, following the
assessment, we were given the all clear.
Hope this helps
Allan
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 07 November 2003 13:43
To: [log in to unmask]
Subject: Council Tax One Again - Different Aspect though
***** THIS EMAIL WAS SENT VIA THE INTERNET *****
Hi All
Another LA chasing a Council tax debt has contacted our Personnel Dept
asking for the address of an employee who had worked with the other LA. Do
we have an obligation under S29 - collection of tax or does that only apply
to us in our own authority as Data Controller...not really happy with this
one...Any thoughts?
Having spoken to someone from the OIC on Council Tax being used for other
purposes - if a complaint was brought where we had in fact disclosed the
information (and gone against OIC advice) they would take the matter
further. I am now of the firm view that I shall be sticking to the OIC
advice. He did state that Ibrahim'a advice puts up a good case though. We
discussed the legislation in detail and basically, we agreed that the only
way to get something done is by changing the Council Tax legislation i.e.
Local Govt Finance Act.
Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516
Fax: 01835 825041
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