LGFA aside, is it not the responsibility of the data controller to use
(process) personal data to the benefit of both the organisation AND the data
subject; being always mindful that the rights of the data subject will
always outweigh the (oft commercial) considerations of the data controller?
Its' not written like that in DPA98 of course, but that is always the
over-riding sentiment that is conveyed whenever you hear the Falconers and
Thomas's of this world speak.
If I hear this sentiment right, then accessing the CT database to clarify
the address/contact details of a data subject (citizen!), so that you can
fulfil a solicited request from them, does not seem like an abuse of your
position as a data controller, albeit a 'technical breach'.
As the citizen, I would WANT the response; your exceptional use of the CT
data is not likely to damage and/or distress me, quite the contrary in fact.
For later clarity, a clearly worded management 'minute' that details your
rationale and measures taken to ensure the CT data was used ONLY for this
particular response would certainly satisfy me as the citizen.
If there were a 'lesser of two evils', I suggest it would be to access the
CT data in breach of P2 rather than failing to deal with the 'ASBO problem'.
Duncan Smith
Director
iCompli Limited Northampton UK
t: 08707 70 48 66 f: 08707 70 48 69 m: 07775 56 81 80
Mailto:[log in to unmask] Web: www.icompli.co.uk
"Compliance in your language"
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Cotterill Steve
Sent: Tuesday, February 21, 2006 11:56 AM
To: [log in to unmask]
Subject: [data-protection] Use of Council Tax Information
Apologies for another 'use of Council Tax' information.
We have received an e-mail in from a member of the public, basically
complaining about anti-social behaviour and our (and the Police's) apparent
lack of response in tackling the problem at a very local level.
We have tried to respond to the e-mail but due to one reason or another the
response can't be delivered.
I have been asked if we could investigate Council Tax records to see if we
can locate an address for the individual so that we can reply by mail to
them.
I am leaning to saying no to this (Local Govt Finance Act 92) but am mindful
that it cause more 'bad press' if we don't reply somehow. Is there anyway I
could use C. Tax data to allow us to respond?
Thanks
Steve
____________________________________________________________________________
__________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Directorate of Finance
Council Offices, Foster Avenue,
Beeston, Nottingham, NG9 1AB
Tel: 0115 917 7777
Fax: 0115 917 3577
<http://www.broxtowe.gov.uk/> www.broxtowe.gov.uk
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