Whilst we all know the deceased person does not come within the DP Act,
the information held does, in relation to the next of kin (distress
caused by not knowing etc) . To ensure accuracy then access should be
required from the Deceased list for pensions departments.
Justification for access:
The registrar of births and deaths is by law (The Council Tax
(Administration and Enforcement) Regulations 1992) only able to send a
list of deaths to the 'Council Tax Billing' authority (the council) and
no other department within the local authority, The Council Tax
department has constraints placed on it under the Finance Act as to the
use of the data however, it may be possible to request the information
from the Council Tax Department under a Duty of Care -Local Authority
Act (care for the next of kin or remaining partner) and to comply with
Principle 4 of the data Protection Act 1998 (Personal Data shall be
accurate and up to date).
Note: The list is only of persons that died within the council billing
authority area and not beyond so, it will contain some local people who
may be pensioners but will also contain persons who actually live
outside this area but died within it (hospital, accident etc). There is
no obligation for the registrar to notify the billing authority of the
persons home address. This means that the list will only be of partial
use to the pension dept. The list is sent weekly and is in paper form.
Hope this is of some assistance.
Arthur
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