Thanks Phil,
Sorry for the delayed response. Sound advice as always. I think the concern raised was around the consent issue. Whilst the individual would have no reason to withhold consent, the "sharing" of the data had taken place without the candidate even knowing.
However, Schedule 2 (6) is good enough for me.
Regards
Mike
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 01 April 2015 15:53
To: [log in to unmask]
Subject: Re: [data-protection] Political party request for PD?
Hi Mike
I should have added that you do not ever* need specific power or authority to ASK - the controls apply to the receiver of a request. In effect as a DC all you need is a legitimate interest. There is no specific provision that says you need this but it is inherent in the regime. If you have no legitimate interest and you ask, you are in breach as soon as you receive a reply, as you have no DPA basis for holding or using the data you have just received.
* although technically if e.g. a local authority asked when it had no legitimate interest that might be ultra vires so in a sense it would have to rely on the specific statutory powers which make its actions intra vires based on a legitimate interest , but that is a special case (as without the power it can do nothing) and not really the issue you are raising.
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