Colleagues
With regard to re use of council tax data, I firmly fall into the "other
camp" and see no restriction from a vires perspective.
I have written an article to this effect which can be downloaded from
our website (www.actnow.org.uk)
However I agree with Ian that the fairness point still has to be
addressed.
Hope this helps
Ibrahim Hasan
Act Now Training
www.actnow.org.uk
Information Law Training for the Public Sector
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 11 February 2005 09:16
To: [log in to unmask]
Subject: Re: [data-protection] CRM and CTAX again!!
The restriction on the use of CT data is contained in the LGFA92. The
"vires" issue is well-debated and there are two distinct camps - some
will tell you
it's a definite no-no and some will say s111 LGFA72 will allow you to
use any
data you have for any purpose. I doubt this viewpoint very strongly as
the 92
Act was written well after the 72 law and therefore would have
considered
this when introducing the restriction.
Anyhoo - even if the vires could be established, the fairness issue will
need
to be addressed. If the CT form warns people about their legal
obligation to
complete the form (you could be fined £400 for not completing it) is it
fair
to then use it for something for which there is no legal obligation?
In other words, if the person could also be fined £400 for not agreeing
to
populate your CRM database then the processing might also be fair,
assuming you
get round the vires issue.
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
----------
In a message dated 09/02/05 12:41:07 GMT Standard Time,
[log in to unmask] writes:
> I know there have been many discussions about CRM and populating them,
we
> are about to embark on a multi million £ project at Wirral involving
much
> of our Core IT systems. A key one we are looking at now is a CRM and
how
> to populate it.
> I know secondary use of Council Tax for this is a non no but, I also
> imagine some Local Authorities have used Ctax to populate a CRM???
> We are looking at using the public extract of the Electoral Roll, has
> anyone out there done this also and could share any experiences with
me?
> Have there been any court cases for improper use of Ctax?
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
--
No virus found in this incoming message.
Checked by AVG Anti-Virus.
Version: 7.0.300 / Virus Database: 265.8.6 - Release Date: 07/02/2005
--
No virus found in this outgoing message.
Checked by AVG Anti-Virus.
Version: 7.0.300 / Virus Database: 265.8.7 - Release Date: 10/02/2005
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|