In a message dated 05/08/04 13:01:43 GMT Daylight Time,
[log in to unmask] writes:
> The Finance Act prohibits the secondary use of data but the personal
> data falls within the Data Protection Act which I believe then allows
> the secondary use of it subject to the exemptions applicable.
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This is an interesting interpretation if I read it correctly. Are you
suggesting the DPA overrides the "vires" of the LGFA 92? That cannot be true, nor
can it be a sensible suggestion to put to those on the list that would prefer
the restriction to go away.
The fact is, the LGFA 92 specifically forbids the further use of CT data for
any purpose other than the collection and administration of council tax. The
reason it was deliberately put into the legislation was to prevent councils
from using the data to collect the much-hated poll tax that may have been
outstanding (due, or overdue, rather than spectacular).
In recent times, primary legislation (LGA 2003) has been passed to allow the
further use of CT data for identifying the owners of empty properties with a
view to getting them back into use. If the Local Authority Act 2000, or the
EIR, or LGA 72 s111 or whatever else really allowed the secondary use of CT
data, this legislation wouldn't have been necessary.
Or is my logic
flawed in some way?
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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