Jane
From what you have provided it would seem a reasonable expectation under DPA from the tenant point of view that given you have referred tenant to an agency that can progress this matter further, that you would pass on to that said agency all relevant documentation for them to continue to deliver the service to its conclusion. Therefore it would seem reasonable that "specific" consent may not be needed in this particular case as the applicant has been informed (I assume) that another agency will be assisting them from now on.
Many thanks
Trish
Trish-louise Bailey
Audit & Assurance (Information Governance)
(IG covers: Data Protection & Privacy, FOI, Information Security, Information Sharing & Confidentiality, Information & Records Management, Information Quality & Assurance)
Telford & Wrekin Council
Civic Offices
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Telford
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: 20 September 2011 09:28
To: [log in to unmask]
Subject: Harassment Cases
Morning
The Council received a complaint from a tenant re alleged harassment by
the landlord.
The Council subsequently wrote to them both.
The tenant recently sought further advice however as it was a civil
contractual matter the Council referred the tenant to a housing and
homeless charity.
1. The charity has requested the landlords address and copies of letters
sent. They are not at this stage conducting any form of investigation.
2. The tenants mother has rang the Council and left voicemail permitting
sharing of information with the charity.
My response has been:-
1. The mother cannot give consent for her daughter (she is an adult)
and consent must be in writing.
2. If the charity are requesting the PD of the tenant then it is a SAR
and they must provide evidence of authority to act.
3. We cannot disclose information pertaining to the private landlord
but may consider it if the request if under an "exemption" e.g. S.29.
Does anyone disagree?
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
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