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Dave,

I don't think Principle 1 operates in this way. Merely to show that
the processing is necessary for a government department's purposes is
not enough to satisfy the first principle.

The processing must be (a) fair (b) lawful and (c) meet one of the
Schedule 2 conditions. All *three* conditions must be satisfied.
Your disclosure of the information to the government department would
have to be fair. Only if you are explicitly authorised or required by
statute to supply the information is the fairness requirement deemed
to be satisfied (Para 1(2), Part II, Schedule 1)

You would also have to consider Principle 2, which requires that the
department's proposed use of information is not incompatible with the
purpose for which *you* obtained the information.

Maurice Frankel


At 11:36 pm +0000 11/12/00, Dave Wyatt wrote:
>Trevor
>
>Schedule 2 (5c) and Schedule 3 (7c) processing condition permits the
>processing of personal data where such processing is necessary for the
>exercise of any functions of a government department.  As definition of
>processing is wide and includes disclosure this would appear to allow the
>argument that any processing proven to be required by a function of a
government department will not be unfair in principle 1 terms.

>
>>So if I as a non government department controller am asked to make a
>>disclosure to a government department I simply have to prove
>>a) The requestor is a government department  (How do I do that?)
>>b) That the data is necessary for the functions of that department (How do I
>>independently find out the limits here?)