I agree with Tim.
However, I have engineered a number of information sharing protocols
under this Act, known as Crime and Disorder Reduction Partnerships, both
from the Police and Housing sides of the table. I consider myself
somewhat of a guru in this area, having completed these protocols for a
number of years and included other disclosures under, Housing,
homelessness, Children's and Anti Social Behaviour acts, with
authorities across the public sector.
Anti social behaviour issues are dealt with by Multi Agency Partnership
meetings on a case by case basis. section 115 purely allows a legal
basis for disclosure, allowing principle 1 to be met (Lawfulness), and
only then for organisations such as local authorities, health, police,
housing and probation etc.
A protocol should still contain clear guidance on all other legal
principles which apply including Human Rights, Ultra Vires, Sub Judice,
Data Protection, Freedom of Information etc. This leads to clearly
documented disclosure and audit trails, naominated officers, Minimum
disclosure for the purpose, and purpose specific protocols, once the
main partnership has been set up and running.
Based on my experiences, My main worry is that once a CDRP is up and
running and a protocol in place, some authorities feel this is a power
to share whatever and whenever. The attitude 'it's ok - we have a
protocol in place' becomes very obvious. This can be regardless of
necessity or proportionality. CDRPs need tight controls to ensure
legality and tight guidance to represenative officers when entering into
such sharing.
Regards
Ralph T B O'Brien
Group Data Protection Officer
Metropolitan Housing Group
020 8829 8070
[log in to unmask]
Cambridge House
109 Mayes Road
Wood Green
London N22 6UR
www.mht-group.co.uk
Views expressed may be those of the sender and may not reflect
Metropolitan Housing Groups policy.
>>> Tim Turner <[log in to unmask]> 13/07/2004 08:49:58 >>>
I'm probably being argumentative for the sake of it (I don't like
Tuesdays),
but this approach worries me. Either data-sharing is legal, or it
isn't.
Either you can satisfy the DP conditions, or you can't. There is no
escape
from that. Even if you don't ask for consent, you may very well have to
tell
people what you're doing or likely to be doing with their data.
However, to
start from the presumption that all data sharing must include consent
just
reduces the options. It puts the DP officer in the likely position of
being
the person in the room who always says no. In my opinion, there is
nothing
worse for an organisation aspiring to be DP compliant than the DP
officer
being associated entirely with the word "No." If you say no (or
'consent')
all the time, it doesn't make the organisation more compliant, it just
makes
it more likely that people won't ask for advice any more. Besides,
consent
is useless if you don't have the vires to share in the first place.
Is it unfair to suggest that your view is doctrinal - i.e. nothing is
legitimate without consent? What I took from your answer is that there
isn't
a substantial public interest test, not a formal one. Now, you mention
"proportionality rules". Where are these rules? If every piece of
advice I
gave had to include considerations of human rights, common law and
natural
justice, I wouldn't leave the house.
Tim Turner
Data Protection Officer
Wigan Council
> ----------
> From: [log in to unmask][SMTP:[log in to unmask]]
> Reply To: [log in to unmask]
> Sent: 12 July 2004 16:49
> To: [log in to unmask]
> Subject: Re: [data-protection] Crime and Disorder Act 1998 -
sharing
> info
>
> --------
> It is unlikely that the person's human rights, rights under DPA
(although
> after Durant and Johnson I'm not sure where this one is going),
meeting
> the
> "necessary" part of Schedule 2/3 conditions, proportionality rules,
common
> law and
> natural justice that the data could be shared without their consent
unless
> the
> public interest is served. In my opinion it is a combination of
rules,
> rather than a pure DPA question.
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
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