It may be connected with the provisions of Section 237 of the Housing
Act 2004 which provides the following:
237. Use of information obtained for certain other statutory purposes
(1) A local housing authority may use any information to which this
section applies-
(a) for any purpose connected with the exercise of any of the
authority's functions under any of Parts 1 to 4 in relation to any
premises, or
(b) for the purpose of investigating whether any offence has been
committed under any of those Parts in relation to any premises.
(2) This section applies to any information which has been obtained by
the authority in the exercise of functions under-
(a) section 134 of the Social Security Administration Act 1992 (c. 5)
(housing benefit), or
(b) Part 1 of the Local Government Finance Act 1992 (c. 14) (council
tax).
Clearly you can use council tax data for processing in relation to Parts
1 to 4 of the Housing Act 2004. They are quite specific so you will need
to check them out to see if this legislation applies to your processing
requirement.
Regards,
Lewis Bourne
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Alan Stead
Sent: 20 July 2005 09:11
To: [log in to unmask]
Subject: Re: [data-protection] NROSH National Register of Social Housing
Morning Susan
There is currently a regular meeting of lawyers from DWP, ODPM,
Department for Constitutional Affairs and Inland Revenue discussing the
secondary use of Council tax . The current view is that CT data where it
includes personal data as described by LGFA can only be used for the
collection and assesment of council tax or CT benefit (LGFA 1992 Sc2) or
the identification of voids and empty properties (LGA 2003 S85) The
Department for Constitutional Affairs and the Information Commissioner
both advise that any other use is ultra vires. I know there is counsel
opinion which differs from this but there is also counsel opinion to
support this. This meeting was started because this Council (and others)
refuses to release CT data to the CSA. In deiscussions with DWP on
behalf of CSA it was agreed that we had a point and maybe their laws did
not override LGFA so this group was set up. I keep pushing for a
decision but as yet they cannot agree so we must have a point.
Regards
Alan
Alan Stead
Service Manager-Information Governance
Nottingham City Council
Severns House
20 Middle Pavement
Nottingham NG1 7DW
Tel 0115.9158267
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Susan Ferguson
Sent: 20 July 2005 08:52
To: [log in to unmask]
Subject: [data-protection] NROSH National Register of Social Housing
Please could anyone give advice on this query. I have been asked if it
is ok to pass Council Tax Data to the ODPM to compile the new National
Register of Social Housing - see link attached
http://www.odpm.gov.uk/stellent/groups/odpm_housing/documents/page/odpm_
house_030966-01.hcsp#P20_311
Regards
Susan Ferguson
Records Management Team Leader
South Tyneside Council, Westoe Road
South Shields, Tyne and Wear
NE33 2RL
Tel 0191-424 6539
Fax 0191-424 7002
[log in to unmask]
http://www.southtyneside.info
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