I don't think it would be harassment if the parents have offered to pay,
as the initial post states. I interpreted the original post to be that
the parents have offered under their own steam, not because of any
demands...
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lynzie Gadd,
Examinations
Sent: 12 October 2005 11:30
To: [log in to unmask]
Subject: Re: Recovering Debt
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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