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DATA-PROTECTION  July 2007

DATA-PROTECTION July 2007

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Subject:

Re: FW: CT Data for Non-Criminal Purposes

From:

Leesons Jackie <[log in to unmask]>

Reply-To:

Leesons Jackie <[log in to unmask]>

Date:

Mon, 2 Jul 2007 16:10:00 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (485 lines)

Thanks to all for the interesting exchange.  I advised against release

as I would rather someone else had a day in court and set the legal

precendent.





-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Broom, Doreen

Sent: 02 July 2007 15:56

To: [log in to unmask]

Subject: [data-protection] FW: CT Data for Non-Criminal Purposes



-----Original Message-----

From: Broom, Doreen 

Sent: 02 July 2007 15:55

To: 'Bradshaw, Phillip'

Subject: RE: CT Data for Non-Criminal Purposes



Sorry have to disagree and the Information Commissioner does not oversee

LGFA - so if we disclosed personal information then we could leave

ourselves open to being sued and a hefty fine by the IC.



As Alan said previously Councils have to act within the law and we

certainly don't want to be the first to receive bad publicity.



This one will run and run..............



-----Original Message-----

From: Bradshaw, Phillip [mailto:[log in to unmask]] 

Sent: 02 July 2007 15:45

To: Broom, Doreen; [log in to unmask]

Subject: RE: CT Data for Non-Criminal Purposes



Doreen says:



"2nd principle limited purposes." Agree this must be satisfied - no

incompatible purposes - but this is a separate issue





"But para.17(2)(b) makes it clear that information is 'relevant

information' if 'it is not personal information'. " Exactly. So personal

information is not "relevant information" and no Regulations can be made

under this para. about personal information. Since the para. has no

application to personal information, it cannot have any bearing on the

prohibition question, in respect of which it is so often erroneously

cited.



If an Act said :



1. The Secretary of State may make regulations to permit the keeping of

relevant animals in a private house



2. For the purpose of this section an animal is a relevant animal if it

is not a cat dog or budgie.



You would not conclude that this prohibited keeping cats dogs and

budgies in a private house, but that these did not need regulation.



Similarly personal information - it does not need regulation because it

is already covered by data protection.











Phillip Bradshaw



Information Manager 

Clerk to the Council



Room 111, County Hall



EMail: [log in to unmask]



Phone:         029 2087 3346

Mobile :        07779 284684



Fax:              029 2087 3349



Proactive Publishing Promotes Positive Perceptions





-----Original Message-----

From: Broom, Doreen [mailto:[log in to unmask]] 

Sent: 02 July 2007 15:14

To: Bradshaw, Phillip; [log in to unmask]

Subject: RE: CT Data for Non-Criminal Purposes



The whole point is though that the data is being processed for the

purposes of Council Tax and there is nothing to say it can be used for

anything else - 2nd principle limited purposes.



Para. 17 of Schedule 2 to the LGFA 1992 seems to prohibit the use of CT

data for secondary purposes.  It provides that regulations may be made

allowing local authorities to supply 'relevant information' to any

person requesting it and may charge a fee for so doing.  But para.

17(2)(b) makes it clear that information is 'relevant information' if

'it is not personal information'.



-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip

Sent: 02 July 2007 14:39

To: [log in to unmask]

Subject: Re: CT Data for Non-Criminal Purposes



This is one of course where Alan and I will simply have to agree to

differ. 



Sch 2 Paras 17 and 18 of LGFA 92 do NOT contain any prohibitions - just

powers to make regulations, which some (probably now in a fairly small

minority) have interpreted to mean there is no power in the absence of

such regulations.  Read them here ( http://tinyurl.com/yu6fe8 )

 

Regulation 18 is not relevant to this enquiry as it relates only to

carrying out functions under the Act.



Regulation 17 does not even apply to personal information (see 17(2)(b))

so its use to justify a prohibition on using personal information has

always been, at best, tenuous. 



Even if the majority view is wrong, and I respect the views to the

contrary - although many were no doubt strongly influenced by the

now-withdrawn opinion of the Information Commissioner, I can be

comforted by the fact that the possibility of anyone ever having

sufficient locus to challenge on the grounds of lack of vires is

exceedingly remote.







Phillip Bradshaw



Information Manager

Clerk to the Council



Room 111, County Hall



EMail: [log in to unmask]



Phone:         029 2087 3346

Mobile :        07779 284684



Fax:              029 2087 3349



Proactive Publishing Promotes Positive Perceptions





-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Alan Stead

Sent: 02 July 2007 13:49

To: [log in to unmask]

Subject: Re: [data-protection] CT Data for Non-Criminal Purposes



Sorry I have been away for a couple of days and only just picked this

up.

We have discussed many times on this site the use of Council Tax data

and the ICO give advise that they will not take action from the DPA

point of view which is fortunate because it is not a DPA issue. They

also advice that they cannot guarantee that there is not another law

which prohibits sharing.

Unfortunately the LGFA 92 does prohibit sharing (Sch 2 Paras 17 and

18)and so it depends on how cautious you are. You could always risk it

and hope that the subject is not aware of the legislation but for me

this is certainly not an option (Public authorities have to comply with

the law ) so sorry Philip I must disagree with you on this one.



Alan



Alan Stead

Service 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 Broom, Doreen

Sent: 28 June 2007 14:53

To: [log in to unmask]

Subject: Re: [data-protection] CT Data for Non-Criminal Purposes





I am not convinced - sitting here with a Counsel's Opinion to the

contrary....



-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip

Sent: 28 June 2007 14:18

To: [log in to unmask]

Subject: Re: CT Data for Non-Criminal Purposes



You will certainly not incur the wrath of the ICO who has now made it

clear he is not concerned with vires issues.



Your vires is in fact supplied by s62 LGA 



(1) An ethical standards officer, or a person authorised by such an

officer, has a right of access at all reasonable times to every document

relating to a relevant authority which appears to him necessary for the

purpose of conducting an investigation under section 59 in relation to a

member or co-opted member (or former member or co-opted member) of the

authority.



I assume you have been satisfied that disclosure is necessary for the

purpose of the investigation - if not the issue does not arise.



If so - there is no prohibition in the Local Government Finance Act 1992

so if you are satisfied on the other grounds that this is fair, and

lawful I would simply not worry about LGFA. 



I'm not convinced you even need concern yourself with s29 given the

clear terms of s62 LGA this looks like s35 (1) "disclosure is required

by or under any enactment" 







Phillip Bradshaw



Information Manager

Clerk to the Council



Room 111, County Hall



EMail: [log in to unmask]



Phone:         029 2087 3346

Mobile :        07779 284684



Fax:              029 2087 3349



Proactive Publishing Promotes Positive Perceptions





-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Jackie Leesons

Sent: 28 June 2007 09:48

To: [log in to unmask]

Subject: [data-protection] CT Data for Non-Criminal Purposes



We have been approached by the Standards Board for England with a

request for Council Tax data pertaining to an investigation into a

breach of the Code of Conduct for members.  I am not happy about

releasing the information using S29 or S35 of the DPA as the Local

Government Finance Act 1992 means we would still be open to a challenge

of disclosing personal data unlawfully.  I would appreciate any thoughts

on this as I am struggling against the tide.



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