Caroline,
If what you say is true, then this will not apply.
Simon.
-----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 11:36
To: [log in to unmask]
Subject: Re: Recovering Debt
I don't know much about this one! However, since the family member
phoned
us (without any contact from us) and offered to pay the debt I struggle
to
see where harassment comes in.
Caroline
--On 12 October 2005 11:30 +0100 "Lynzie Gadd, Examinations"
<[log in to unmask]> wrote:
> May I suggest that the action being considered could constitute
> 'harassment of a debtor' and therefore be liable to criminal
proceedings
> under the Administration of Justice Act 1970
>
> The relevant section appears below:
>
> Section:40 Punishment for unlawful harassment of debtors.
>
> A person commits an offence if, with the object of coercing another
> person to pay money claimed from the other as a debt due under a
contract
> he-
> harasses the other with demands for payment which, in respect of their
> frequency, or the manner or occasion of making any such demand, or of
any
> threat or publicity by which any demand is accompanied, are calculated
to
> subject him or members of his family or household to alarm, distress
or
> humiliation;
>
>
>
> Just a thought...
>
>
>
>
> --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.
>>
>
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Caroline Dominey
Data Protection & Planning
[log in to unmask]
01392 263033
www.ex.ac.uk
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