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.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands
can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**********************************************************************
Privileged/Confidential Information may be contained in this message. If you
are not the addressee indicated in this message (or responsible for delivery
of the message to such person), you may not copy or deliver this message to
anyone. In such case, you should destroy this message and kindly notify the
sender by reply email. Please advise immediately if you or your employer
does not consent to Internet email for messages of this kind. Opinions,
conclusions and other information in this message that do not relate to the
official business of the Council of the City and County of Cardiff shall be
understood as neither given nor endorsed by it. All e-mail sent to or from
this address will be processed by Cardiff County Councils Corporate E-mail
system and may be subject to scrutiny by someone other than the addressee.
**********************************************************************
Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y
neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r
neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges.
Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy
e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi
neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon.
Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y
neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir
Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff
unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan
system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio
gan rywun heblaw'r person a enwir.
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This email was received from the INTERNET and scanned by the Government
Secure Intranet Anti-Virus service supplied by Cable&Wireless in partnership
with MessageLabs. (CCTM Certificate Number 2006/04/0007.) In case of
problems, please call your organisation's IT Helpdesk.
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
****************************************************************
This email is privileged, confidential and subject to copyright. Any
unauthorised use or disclosure of its content is prohibited. The views
expressed in this communication may not necessarily be the views held by
Scottish Borders Council. Please be aware that any email sent or received by
the Council may require to be disclosed by the Council under the provisions
of the Freedom of Information (Scotland) Act 2002.
****************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Nottingham City Council staff member Martin Jackaman could be Council Worker of the Year - with your support.
See www.nottinghamcity.gov.uk/national-council-worker-of-year to find out how.
This e-mail message has been scanned for Viruses and Content
and cleared by NetIQ MailMarshal.
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of Nottingham City Council unless specifically
stated. If you have received it in error, please delete it from your system,
do not use, copy or disclose the information in any way nor act in reliance
on it and notify the sender immediately. Please note that Nottingham City
Council monitors e-mails sent or received. Further communication will
signify your consent to this.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|