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.
Arthur
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 05 August 2004 15:04
To: [log in to unmask]
Subject: Re: Local authorities - data sharing
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.
---------
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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