Sorry for being a bit thick here, but what does ' Vires' mean?
(Well....it is Friday after all:)
_______________________________
Clementine Amawo
Information Management Officer (IT)
Circle 33 Housing Group
DL: 020 7288 4131
Email: [log in to unmask]
Web: www.circle33.org
>>> Arthur Howell <[log in to unmask]> 06/08/2004 09:44:34 >>>
Morning Folks - to continue, as I believe this is an important issue.
My thinking is that the CT personal data (living individuals only) falls
within the DP Act, if a requirement arises to disclose i.e. Dangerous
Building need to identify owner/occupiers - Dangerous Structure Act (in
the public interest ) then we must disclose using Exemption S35(1) -
another enactment.
We have the Vires (complying with our Statutory Obligations) and the DP
legal exemption - This is just another example
So, at what point is it not legal to use other enactments?
Regards
Arthur
P.s. Our Legal dept does not take responsibility nor give advice on the
DP Act, that's down to my office - DP Office and you will probably find
most DPO's make the decisions.
Arthur Howell
Data Protection Office
Tel 01225 477657 (voicemail option)
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 05 August 2004 16:32
To: [log in to unmask]
Subject: Re: Local authorities - data sharing
In a message dated 05/08/04 15:35:22 GMT Daylight Time,
[log in to unmask] writes:
> Correct me if I am wrong but are we not disclosing Council Tax data
> when there is the exemption to do so? - Crime and Taxation? My
> argument then progresses this to other exemptions. It is up to the
> individual controller to determine the validity of the exemption and
> be prepared to be legally tested.
------------
The first part of your argument is not invalid. The problem arises in
applying the other exemptions, one of which is consent, another is
contract - neither will allow the disclosure of CT data. It is unlikely
that much gets past the First Principle in that virtually *any* further
use of the personal CT data would not be "lawful".
Another problem is that the DPA only applies to living individuals, the
LGFA 92 also restricts the use of deceased person's personal
information. Following your line of thought, all data on dead people's
CT could be disclosed and shared among council departments.
The correct order in which to apply the legislation, IMHO, is:
1) Do we have the power (vires) to share? If not, ignore Q2 and don't
share.
2) Does the DPA allow the sharing?
Yes, DPOs will give advice once the vires has been checked by the legal
department, and yes, some will risk the data sharing because of the
financial rewards offered by the government, but not everyone will want
to put their name to the paper that says the data sharing is lawful.
Once past that hurdle, members will happily rubber stamp the exercise.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
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FN:Clementine Amawo
TEL;WORK:4131
ORG:Circle 33 Housing Group;IT
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TITLE:Information Management Officer (IT)
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