While their advice is not a defence in law it is an excellent indication
that they would view a complaint over this type of topic as one they would
not pursue, thus effectively killing the chance of an action against you.
Record the advice in the file where this matter is handled, dated and timed.
After all, you may need at some time in the future show your action was
legitimate (Durant notwithstanding!)
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Caroline Dominey
Sent: 12 October 2005 11:23
To: [log in to unmask]
Subject: Re: [data-protection] Recovering Debt
The helpline was actually very helpful! After putting me on hold and
'checking a few things' they said that since we couldn't contact the
student, we should be able to claim that it was in our legitimate business
interests (Sch 2 (6)) to process the information in order to recover the
money owed.
Thanks for all the input.
Caroline
--On 12 October 2005 11:11 +0100 Tim Trent
<[log in to unmask]> wrote:
> See, I knew it was going to get technical.
>
> Technically the contract is with the student and no-one else. So
> technically the damfool argument used by call centres when you want to
> pay your wife's life insurance premium is used. "I'm sorry, we can't
> discuss that under the DPAct".
>
> I suspect the technical answer is always "No, we can't do it".
>
> So, what is the alternative, here? Locate and sue the student, or let
> the parents dig the brat out of a hole?
>
> What does the IC helpline say? They're getting good at pragmatic
> advice
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Simon Howarth
> Sent: 12 October 2005 10:06
> To: [log in to unmask]
> Subject: Re: [data-protection] Recovering Debt
>
> Why wouldn't Schedule 2 Para 2 (2a) be reasonable - processing of data
> is necessary for the performance of a contract to which the data
> subject is a party.
>
> I would say that a student enrolling is entering into a contract with
> the education establishment and so the establishment is within its
> rights to use this clause to recover unpaid debt.
>
> It might also be argued that Schedule 2 Para 6 is also relevant.
>
> Simon Howarth.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Hitches, John F
> Sent: 12 October 2005 09:15
> To: [log in to unmask]
> Subject: Re: Recovering Debt
>
> As the money to be recovered is public money (ie the taxpayer suffers
> if the debt is not recovered) could it be argued that the processing
> meets Condition 5(d) of schedule 2 "for exercise of any other
> functions of a public nature excercised in the public interest by any
person"?
>
> This does not necessarily mean that all the Data Protection Principles
> are met but it is difficult to see, in the circumstances, how the
> rights and freedoms of the indebted student suffer.
>
> However, I do think of the lady recently imprisoned for not paying her
> full council tax who was reported to be most annoyed that someone else
> had paid the debt on her behalf because it undermined her stand.
>
> John F Hitches
> General Administrative Manager
> Kingston University
>
>
> This email has been scanned for all viruses by the MessageLabs Email
> Security System.
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to the list
> owner [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to the list
> owner [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to the list
> owner [log in to unmask]
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
------------------------------
Caroline Dominey
Data Protection & Planning
[log in to unmask]
01392 263033
www.ex.ac.uk
------------------------------
This email and any attachment may contain information that is confidential,
privileged or exempt from disclosure under applicable law. It is intended
for the sole use of the legitimate addressee only. If you received this
message in error, please let me know and delete the email and any
attachments immediately. Thank you.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|