We should also take into account the Lord Chancellor's advice in his
data sharing guidelines that an individual cannot give consent to an
unlawful act so cannot give consent for an organisation to use council
tax for a purpose contrary to LGFA 92
Alan
Alan Stead
Manager-Information Governance
Nottingham City Council
Guildhall
Burton Street
Nottingham NG1 4BT
Tel 0115.9154943
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Iain Harrison
Sent: 15 August 2006 09:27
To: [log in to unmask]
Subject: Re: [data-protection] Change of Address - Council Tax
I suppose part of the answer is to ensure that the fair-processing
information given out at the point of collection of Council Tax
information tells the public in suitable plain language about the LGFA
and the limitations it places on us.
Not that this will deter the determined objector of course!
Iain
>>> Doug Colyer <[log in to unmask]> 08/14/06 5:00 pm
>>> >>>
Because of the problems related to the accuracy of the Electoral
Register in past elections I have been instructed to determine how
accurate the Register is for my particular constituency. Having
canvassed a number of electors I have been taken to task by many who
believe that having told the Council Tax Office, the information is
therefore held by the Council, and any failure to inform the Electoral
Registration Officer is due to ineptitude and inefficiency on the part
of the Council. It has proved difficult to convince the more vociferous
the Council Tax regulations and Data Protection make such an action
ultra vires.
The Information Commissioner's Office is also adamant that providing
changes of address is a `no no`, as is making reference to the
dissemination of such information on the Council Tax bills. It is
impossible to see how actual consent can be obtained when the Council
Tax payer receives a bill and does not sign anything at that stage.
I pointed out to the ICO that One Stop Shops disseminate such
information to Council Tax, Housing Benefit and Electoral Registration,
with great satisfaction from the public, whereas those who tell the
Council Tax office think they are telling all parts of the Council when
in fact they are not It is also difficult to convince the public that a
change of address freely given to the Council Tax Office is of such a
personal nature that it cannot be passed on to the Electoral
Registration Officer. And as a Presiding Officer at elections I have
been on the receiving end of electors who are furious at not being on
the Register, and who have "told the Council".
Do my colleagues have similar views or am I being too naive to think the
public understand the difference?
If there are such similar views is there any way that the, I believe,
common-sense approach can be taken?
Are there any authorities who have addressed the issue and come up with
a suitable solution?
Doug
Douglas Colyer
Senior Auditor
Internal Audit Services
Suffolk Coastal District Council
(01394 444248)
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Iain Harrison
Information Management Consultant
Leicester City Council
0116 252 7606
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