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
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