Which Sch 2 condition relates to information that is publicly accessible?
Please respond to Donald Henderson <[log in to unmask]>
Sent by: This list is for those interested in Data Protection
issues <[log in to unmask]>
To: [log in to unmask]
cc:
Subject: Re: [data-protection] [UCE] Re: [data-protection] Use of
Business Rates Information[Scanned]
A sole trader is basically someone who has registered a business called
by their own name, normally trading from their home address. As far as I
am aware, that information is publicly accessible so there is a valid
Schedule 2 condition for its processing. Purpose is not an issue in this
instance.
In other words, of course the information can be used by EH just like
any other business address.
Donald Henderson
Information Compliance Manager
Perth & Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: 18 September 2006 10:43
To: [log in to unmask]
Subject: [UCE] Re: [data-protection] Use of Business Rates
Information[Scanned]
No.
The issue is very simple.
Data Protection Law applies to natural persons.
Data Protection Law does not apply to legal persons.
The question is "is this addresses a natural person". If so, DP
rights/principles apply.
It is completely irrelevant if they are trading, as a sole trader or
partnership as the business has no legal personality.
RONAN DURNIN wrote:
> The difficulty with sole traders is that they are both an individual
> (citizen) and an entity. You are interested in the sole trader as an
> entity in this instance, not as a citizen.
>
> Sorry to answer a question with a question, but, will addressing
> correspondence to the director of the company rather than the citizen
> avoid the issue?
>
> ========================
> Ronan Durnin
> Business Support Officer
> NIGALA
> 79 Chichester Street
> Belfast
> BT1 4JE
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Julie Gibbs
> Sent: 18 September 2006 09:38
> To: [log in to unmask]
> Subject: [data-protection] Use of Business Rates Information[Scanned]
>
> Can anyone help with this Monday morning question? Our Environmental
> Health Dept wants Revenues to supply them with a list of local
> businesses
> that pay commercial rates so that Env Health can send them information
> about the smoking regulations coming into force next year.
>
> My initial thought is no because the information will be used for a
> different purpose to that which it was originally gathered. Also,
> although
> the information requested is business addresses, some of those
> businesses
> could be sole traders and therefore personal data. I am therefore
> reluctant to agree to this disclosure.
>
> Can someone confirm my thoughts are correct or offer a basis on which
> to
>
> disclose?
>
> Thanks.
>
> Julie
>
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