Disclosure to "Interested third parties", as Kirsty points out, could well
be in the agreement, but a quick cautionary tale.
In both the private medical and insurance sectors, we have seen the
disclosure of data to debt collection agencies challenged by the data
subject and upheld by the Information Commissioner.
It all comes down to that heinous (but necessary!) word 'necessary'. I
recall once instance where a property was repossessed by the mortgage
company and the file on the mortgage defaulter was passed to the agency
providing bailiff services; the whole file! It was not NECESSARY to pass on
ALL this information.
One might say that it's analogous with unfair terms and conditions in
contracts, where you can say it, but it's not worth the paper ...
If you're passing information on, think redact.
Duncan Smith
Founder
iCompli Limited
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Kirsty Gray
Sent: Thursday, February 09, 2006 2:16 PM
To: [log in to unmask]
Subject: Re: [data-protection] Letter of complaint and DP
Shouldn't the employer check not only policies on (voluntary) disclosure of
information to third parties BUT ALSO the terms & conditions of the tenancy,
shared-ownership agreement, lease, freehold or whatever?
There may be clause stating that non-payment of rent, ground rent, service
charges will be reported to other interested parties - such as mortgage
holder. This was certainly the case in leases for 100s of ex-council flats
sold under RTB that I managed back in the early 90s.
If recovery action was likely to result in eviction / repossession, we wrote
to the mortgage lender offering them the opportunity to pay the debt to
avoid action - and the risk of loss of their security. Up to them thereafter
how they recovered the debt from their client.
In which case, regardless of whether the warning letter to the tenant
mentioned the dislosure or not, surely the employee has done nothing wrong -
schedule 2 condition 6(1) and maybe condition 2(a) could apply depending on
circumstances?
Just a thought before we dispatch this hapless employee to the dole queue!
Kirsty E Gray
Access to Information Advisor
Commission for Social Care Inspection
Note: comments for discussion and debate only and do not necessarily
reflect the corporate position of CSCI nor constitute legal advice.
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