Carolyn Howard on 16 October 2008 at 09:30 sad:-
> I can't see that it is for the ICO to take issue on the wider
> public law issues. For example, he has no power to take
> action against an authority alleged to have breached the LGFA.
I thought the ICO's powers covered the processing of personal data and
whilst he may exercise some discretion regarding his actions, one of
his tasks is to uphold the DPA, including its purposive restrictions,
which by their definition must embrace other applicable restrictions, a
necessity to make sense of many organisational boundary conditions. To
ignore those would be to fail in his task in many areas; although I do
agree it is sensible for the ICO to engage with other regulatory bodies
where breaches within their remit were identified by his office.
One thing he has not, and could not say, is do not worry about the
regulative base any public sector organisation works within. Persons
managing within public sector organisations at least should know those
regulations well, as they are determined by government (sometimes with
wide consultation) to structure that sector to its needs. (One could
say its purpose and politically determined level of fairness)
Are organisations always given credit when exercising flexibility and
ignoring something affecting their area?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Carolyn Howard
> Sent: 16 October 2008 09:30
> To: [log in to unmask]
> Subject: Re: [data-protection] Sharing of CT Information
>
>
> I can't see that it is for the ICO to take issue on the wider
> public law issues. For example, he has no power to take
> action against an authority alleged to have breached the LGFA.
>
> Carolyn Howard
> Solicitor
> Leicester City Council
> email: [log in to unmask]
> ext: 29 6498
> tel: 0116 252 6498
>
> (Office hours: Mon a.m./Tue/Thu)
>
>
> >>> "[log in to unmask]" <[log in to unmask]>
> 15/10/2008 14:50 >>>
> Bradshaw, Phillip on 15 October 2008 at 12:53 said:-
>
> > That opinion has been withdrawn and
> > the ICO now makes it clear that providing other "fair and
> > lawful" requirements such as adequate FPN are addressed he
> > will take no position on public law vires issues.
>
>
> Is there any publicly available record where the ICO states he will
> not take any position on public law vires issues regarding the
> processing of personal data?
>
>
> Ian W
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection
> > issues [mailto:[log in to unmask]] On Behalf Of
> > Bradshaw, Phillip
> > Sent: 15 October 2008 12:53
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Sharing of CT Information
> >
> >
> > Planning have no legal powers as they do not exist as a legal
> > entity. The power and the information belongs to the Council.
> >
> > This is not data sharing - it is data usage by a single data
> > controller and as far as the ICO is concerned can be done as
> > long as it is (a) covered by your notification and (b)
> > covered by adequate fair processing notices.
> >
> > The only remaining issue is vires and the vexed question as
> > to whether vires is removed by a 'prohibition' in the LGFA.
> >
> > Alan pointed out "Counsel concede that the MOJ, DCLG and even
> > the ICO agree that the
> > LGFA'92 does not permit council tax data to be used for a
> secondary
> > purpose". There have been many previous discussions on this
> > point and the issue is NOT clear-cut. At the end of the day
> > we agree to differ.
> >
> > We certainly agree that the LGFA does not permit use of CT
> > data for secondary purposes. Where we differ is that we (and
> > many other councils) take the clear view that neither does it
> > prohibit it - and is therefore irrelevant from the point of
> > view of determining legality. We take our vires from LGA 2000.
> >
> > There used to be an ICO opinion supporting the view that LGFA
> > prohibited secondary use. That opinion has been withdrawn and
> > the ICO now makes it clear that providing other "fair and
> > lawful" requirements such as adequate FPN are addressed he
> > will take no position on public law vires issues.
> >
> >
> >
> >
> > 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
> > Nigel Roberts
> > Sent: 15 October 2008 11:16
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Sharing of CT Information
> >
> > I can see the desirability.
> >
> > But under what legal powers is the information disclosed to
> > the Planning Department?
> >
> > For example, if /I/ as a man in the street asked, you would
> > reply, we do not have the legal power to tell you.
> >
> > What legal powers do Planning have that I don't?
> >
> >
> >
> > Broom, Doreen wrote:
> > > All
> > >
> > > Another point which just struck me - we are not actually
sharing
> the
> > > CT information - we are being asked by Departments e.g.
Planning
> > > (relating to someone making an application for a grant) to
> > run checks
> > > against the CT information to find out if any debt is owed
> > so we are
> > > not actually sharing the CT information - we are just
> > running checks
> > > against it. I cannot see anyting wrong in that.
> > > D
> > >
> > > */Doreen Broom/*
> > > */Access to Information Officer/*
> > > */Scottish Borders Council/*
> > > */Corporate Resources - Corporate Administration/*
> > > */Tel: 01835 826516/*
> > > */e-mail: [log in to unmask]
> > > <mailto:[log in to unmask]>/*
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