Philip/Michael
Not criminal, but likely to be a valid request under Environmental
Health legislation and therefore "disclosable".
My view is that in deciding whether this disclosure is fair processing
(Principle 1) you will need to consider the conditions relevant for
processing under Schedule 2; specifically Condition 3, Condition 5 (b)
and (d) and Condition 6(1).
Edwina Withe
Information Compliance Officer
Legal Services
Bracknell Forest Borough Council
Easthampstead House
Town Square
Bracknell
Berks
RG12 1AQ
Tel: 01344 353071
www.bracknell-forest.gov.uk
>>> Doherty Michael <[log in to unmask]> 27/06/2007
17:25 >>>
Afternoon All,
Agree with Phillip. My main point is that the requestor needs to
demonstrate
the legal grounds for disclosure - hence the complex request forms used
by
the police to seek information from data controllers who have qualms
about
disclosures.
Regards and good luck,
MD
Michael Doherty
Legal Compliance Adviser
Impact Programme
National Policing Improvement Agency
Victoria Wing, Ground Floor
10 - 18 Victoria Street
London SW1H 0NN
[log in to unmask]
Phone: 020 7147 8338
-----Original Message-----
From: "Bradshaw, Phillip" <[log in to unmask]>
[mailto:[log in to unmask]]
Sent: 27 June 2007 17:19
To: [log in to unmask]
Subject: Re: [data-protection] Data sharing with Environmental Health
Depa
rtments
If as Michael seems to suggest noise nuisance is a crime (not my field)
,
s29 may well be engaged to override my previous comments about
principle 2.
However if that is the case section 10 notices are unlikely to be
effective
in most cases, due to combined effect of s27(4)(c) and s29(3)(b)
disapplying s10
Section 35 may apply at some stage, but for initial enquiries I think
it
would be stretching somewhat to say there were 'prospective legal
proceedings' .
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: <mailto:[log in to unmask]> [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
_____
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Doherty Michael
Sent: 27 June 2007 16:54
To: [log in to unmask]
Subject: Re: [data-protection] Data sharing with Environmental Health
Depa
rtments
Afternoon all,
And there's the subject information provisions. Here the exemptions in
Section 29 and 35 (crime and taxation and legal proceedings) could be
engaged. These provide exemption (but only where necessary for the
purposes)
to the non-disclosure provisions set out in 27(4). Suggest it's up to
the
EHD to set out the grounds for applying one of the exemptions and any
grounds not to inform the data subject of your intention to disclose.
When
applying Section 35 - unless there are good grounds not to do so - it
is my
practice to write to the data subject explaining the proposed action
and
giving a couple of weeks to object (Section 10 would then apply).
Regards,
MD
Michael Doherty
Legal Compliance Adviser
Impact Programme
National Policing Improvement Agency
Victoria Wing, Ground Floor
10 - 18 Victoria Street
London SW1H 0NN
[log in to unmask]
Phone: 020 7147 8338
-----Original Message-----
From: "Bradshaw, Phillip" <[log in to unmask]>
[mailto:[log in to unmask]]
Sent: 27 June 2007 16:34
To: [log in to unmask]
Subject: Re: [data-protection] Data sharing with Environmental Health
Departments
John
Looked at from the EHD angle I do not think I have much problem
showing
grounds : Cds 5 &6. Legitimate interest + statutory function.
Isn't the real problem breach of principle 2 - incompatible purpose -
where
I may well be on your side?
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: <mailto:[log in to unmask]> [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
_____
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Hitches, John F
Sent: 27 June 2007 16:15
To: [log in to unmask]
Subject: [data-protection] Data sharing with Environmental Health
Departments
I would be pleased to hear the views or practices of other HEIs in
relation
to provision of data to local authority environmental health
departments.
The particular query is in relation to private tenancy properties
occupied
by students ie properties where the university may or may not advertise
the
property but has no other involvement in the tenancy arrangements
between
the landlord and occupants.
Do other HEIs provide details of occupants in such tenancies to
environmental health departments (EHD) at their request where the EHD
has
received noise complaints?
What are the views for and against the provision of details from a DPA
point
of view?
My own view is that there are no legitimate grounds under DPA for
providing
occupier details but I also recognise that if I were the neighbour of
a
noisy student house I would expect something done about it!
Note that the law is, I understand, different in relation to headed
tenancy
properties where the university is involved in the tenancy
arrangements.
This query does not relate to such properties.
John Hitches
General Administrative Manager
Kingston University
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