Let me put a different view. S35(2) is not restricted to disclosure for the purpose of legal proceedings but also where the disclosure is necessary for the purposes of establishing, exercising or defending legal rights.
Where a data subject has knowingly failed to pay for services provided and the service provider has not been able to trace the debtor, the service provider has a legal right to be paid. If the service provider has made all reasonable efforts to trace the debtor and failed and thinks that, let's say, a local authority housing department would have information about the whereabouts of the debtor, it is arguable that a disclosure of that information by the local authority is necessary for the service provider to exercise its legal right to be paid. In other words, if the council has the information and does not disclose, the service provider will not be able to trace the debtor and the debtor will have got away with it.
Of course, any such request would have to be accompanied by appropriate undertakings about the circumstances, that the data would only be used for the specified purpose and that every reasonable effort had been made to obtain the data elsewhere. There should also be proof that the request is from a legit organisation.
In such circumstances, it might be reasonable to disclose information about someone who has knowingly avoided paying for services that have been provided to them.
Andrew Fermie
Data Protection
ScottishPower Energy Retail
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Bradshaw, Phillip
Sent: 16 July 2008 13:17
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure of a student's details to Debt
Collectors
Absolutely agree with Ben and Simon. I was answering a different
question - the original post remains unclear
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
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 simon howarth
Sent: 16 July 2008 12:48
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure of a student's details to Debt
Collectors
My understanding of the question is that the institution has been asked
to supply the details of a defaulting student by a council/landlord/debt
collection agency. If this is the case, then I fail to see how Section
35 can be used to supply the information unless there is proof of legal
proceedings. If they are just asking for information and it is "assumed"
or "presumed" that the requestor is legit' without proof, then I don't
think S35 is justified and the student is right to be peeved.
I would also never "assume" where information privacy right are
concerned!
Simon Howarth.
Quoting "Bradshaw, Phillip" <[log in to unmask]>:
> I'm not sure I understand the question.
>
> If one of your functions is collecting these accounts then you do not
> need to invoke s35 to instruct an agent to do this work on your
behalf.
>
> Your responsibility is essentially under principle 7 - ensure anyone
> you instruct has a DP registration, has appropriate safeguards in
> place and does not use methods which breach DPA.
>
>
> Phillip Bradshaw
>
> Information Manager
> Clerk to the Council
>
> Room CY4B, County Hall
>
> EMail: [log in to unmask]
>
> Phone: 029 2087 3346
> Mobile : 07890 265987
>
> 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 PETER SELENIC
> Sent: 16 July 2008 08:59
> To: [log in to unmask]
> Subject: [data-protection] Disclosure of a student's details to Debt
> Collectors
>
> Whilst we make no specific reference to Debt Collectors the College
> has assumed that S35 would permit this disclosure of a student's
> details, where that student has repeatedly ignored requests to settle
> his outstanding balance.
>
> This student is now challenging this disclosure.
>
> Would this challenge be seen as legitimate.
>
> As yet I do not know the full details of the circumstances or the debt
> collectors involved but I assume them to be legitimate and
"respectful"
> (No early morning knocks on doors etc)
>
> Regards
>
> Peter Selenic
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
--
Simon Howarth
The Information Edge
37 The Grange
Cottam
Preston
PR4 0LR
Office: 0870 991 3696
Mobile: 07836 365588
Webtech Systems trading as The Information Edge, registered in England
No.
3428632. More information available at www.informationedge.co.uk
-------------------------------------------------
Visit Pipex Business: The homepage for UK Small Businesses
Go to http://www.pipex.co.uk/business-services
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 e-mail is intended solely for the person or organisation to which
it is addressed. It may contain privileged and confidential information.
If you are not the intended recipient, you are prohibited from copying,
disclosing or distributing this e-mail or its contents (as it may be
unlawful for you to do so) or taking any action in reliance on it.
If you receive this e-mail by mistake, please delete it then advise the
sender immediately by reply e-mail to [log in to unmask]
Without prejudice to the above prohibition on unauthorised copying and
disclosure of this e-mail or its contents, it is your responsibility to
ensure that any onward transmission, opening or use of this message and
any attachments will not adversely affect your or the onward recipients'
systems or data. Please carry out such virus and other such checks as
you consider appropriate.
An e-mail reply to this address may be subject to monitoring for
operational reasons or lawful business practices.
This e-mail is issued by a Scottish Power Group Company. In sending this e-mail the sender
cannot be deemed to have specified authority and the contents of the e-mail
will have no contractual effect unless (in either case) it is otherwise agreed
between that Scottish Power Group company and the recipient.
The ScottishPower Group companies include, among others:
Scottish Power Limited, company number SC193794; Scottish Power UK Holdings
Limited, company number SC232909; Scottish Power UK plc, company number
SC117120; ScottishPower Generation Limited, company number SC189124;
ScottishPower Energy Retail Limited, company number SC190287;
ScottishPower Energy Management Limited, company number SC215843;
ScottishPower Energy Management (Agency) Limited, company number SC222524;
SP Dataserve Limited, company number SC215842. All of which companies are
registered in Scotland and have their registered offices at 1 Atlantic Quay,
Glasgow G2 8SP, UK.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|