In a message dated 06/08/04 11:22:00 GMT Daylight Time,
[log in to unmask] writes:
> It seems to me the only exemptions to no further use of council tax
> personal data would be Ss 28 (National Security) and 29 DPA (Crime etc). S
> 28 provides full exemption from compliance with all principles and S 29
> provides partial exemption from the first principle - particularly the
> requirement to process fairly and lawfully. Thus overcoming the vires
> hurdle.
> But I'm not too sure!
--------
Sorry, but no. The vires "hurdle" is not overcome by applying any DPA
exemption. The vires "problem" is that further use of CT data for anything other
than Council Tax administration (with the exception of those disclosures
required by law) is expressly and explicitly prohibited. So, even if the person gave
consent - one of the ways we can usually disclose personal data - the CT data
could not be passed on for other purposes.
The way I describe "ultra vires" (outside the legal powers) on my courses is
this: "In your private life, or if you work for a private company, you can do
anything you like so long as there isn't a law that stops you. But if you
wotk for a public body you can't do anything - unless there is a law that allows
or compels it."
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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