I agree with the warning but it seems to me that it could be made about many of the postings that pass through this list every week.
The tension between the information that bailiffs need to execute their instructions and data protection issues is not new. For example, as long ago as 2001 the Court Service indicated “that creditors can provide such information as they have fairly and lawfully collected for the purpose of enforcement” to bailiffs (reported in New Law Journal, 7th September, 2001, p. 1279).
In a Green paper issued in 2001 the [then] Lord Chancellor’s Department opined that “information is the key issue to improve enforcement. … this information, relating primarily to personal details, is absolutely essential to an improved enforcement system, but that there should be strict safeguards to ensure that the information was not misused or used for other unrelated purposes.” This Green paper (I believe) has not been taken further but it is at
http://www.dca.gov.uk/enforcement/enfrev01/rep01.htm
There is a case on similar issues dealing with private bailiffs - Farrer v. Secretary of State for Transport, Local Government and the Regions [2002] EWHC 1917 Admin summarised on the web site of the Association of Civil Enforcement Agencies at: http://www.acea.org.uk/whatsnew/feb03a.htm
Bailiffs also have their own organisation the Certificated Bailiffs Association at http://www.bailiffs.org.uk/
Offered merely as "any comments" as originally requested. Again I agree with the health warning that legal advice/guidance for specifc problems should always be taken from a good legal practice.
Laurence
Laurence W. Bebbington
Law Librarian
Information Services
The University of Nottingham
University Park
Nottingham
NG7 2RD
>>> Tim Trent <[log in to unmask]> 26/04/04 14:03:16 >>>
Very specific questions like this, especially where there is a legal
liability are best addressed to a qualified legal person retained by your
organisation to give full legal advice. I would not take action based on a
consensus from here however well worded.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Samantha Hill
Sent: Monday, April 26, 2004 2:00 PM
To: [log in to unmask]
Subject: [data-protection] Bailiffs and court fines
Dear All
I would appreciate any comments on a question I have. We have recently been
approached by bailiffs requesting the address of a student. My initial
reactions were not to give the bailiffs the student's address but to pass on
any letter to the student, as I did not know what they wanted the
information for. On speaking to the bailiffs though, we found that they
were trying to collect on a court imposed fine.
My question is whether we would be exempted from the Data Protection Act and
therefore able to give the bailiffs the address either under section
29(1)(c) "..collection of any tax or duty or any imposition of a similar
nature" (is a fine an
"imposition"?) or under s35 concerning legal proceedings?
Thanks for your help
Samantha Hill
Information Disclosure Officer
University of Portsmouth
Portsmouth PO1 2UP
Tel: 023 9284 3642
E-mail: [log in to unmask]
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