As I've now noticed that you say 'our crematorium' I'm going to assume
for that it can be regarded as a public authority for these purposes.
The family's right to respect for private and family life is engaged.
But that right is qualified, not absolute. Which means that it can be
legally interferered with in some circumstances.
Publishing such information will be an interference with that right. The
question must be: 'is that interference lawful'.
To be lawful, the interference must be (a) necessary in a democratic
society, and (b) proportionate.
In my view, I think it fails the test of necessity. Why do you NEED to
put this information on the Council's website?
And even if you can pass the test of necessity, I think you fail on the
second limb. The amount of information proposed to be published, and its
type is disproportionate.
So my (mildly informed) guess is that if you do this in the way you
suggest, you open the Council to the theoretical possibility (probably
less so in practice as such proceedings are expensive, much more so than
a Small Claims Claim like Tim's) of an application for a prohibitory
order and proceedings for damages.
Nigel
--
Nigel Roberts wrote:
> Is the Crematorium private or publicly owned/run?
>
> DPA aside, Article 8 convention rights (of the whole family) are
> engaged....
>
> Tim Trent wrote:
>> I'm still concerned with unscrupulous crematoria who market unlawfully
>> to the person who arranged the funeral! But that case comes up soon
>> in Reading County Court.
>>
>> Cotterill, Steve wrote:
>>> Hi,
>>>
>>> Our Crematorium manager is wanting to publish the Crematorium
>>> Register on our website.
>>>
>>> These records would show the following details of the deceased -
>>>
>>> Full Name
>>> Age
>>> Address
>>> Marital Status
>>> Occupation
>>> Date of Death
>>> Date of cremation
>>> Where death was registered
>>> What happened to the ashes.
>>>
>>> I know the DPA does not apply to 'deceased individuals' and that the
>>> Crematorium Register is already a public document. However I have
>>> something nagging at me that publishing their marital status and
>>> address could lead to a small minority of unscrupulous people to
>>> start contacting the widow/widower. They could do this by looking at
>>> the physical register but that could involve a fee and more effort.
>>> Publishing this on the internet make it easier for these people.
>>>
>>> Am I being too cautious?
>>>
>>> Comments welcome.
>>>
>>> Thanks
>>> Steve
>>> *______________________________________________________________________________________________________________________*
>>>
>>> *Stephen Cotterill*
>>> *Procurement & Technical Officer x3296*
>>> *Broxtowe Borough Council*
>>> *Directorate of Finance*
>>> *Council Offices, Foster Avenue, *
>>> *Beeston, Nottingham, NG9 1AB*
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