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The only comment I would make is that if the disclosure is subject to the non-disclosure provisions (e.g. required by or under any enactment), then the First and Second Principles (except for the Schedule 2 and and any Schedule 3 conditions) are disapplied w.r.t. the particular disclosure C -----Original Message----- From: [log in to unmask] Sent: 12 December 2000 13:08 To: [log in to unmask] Subject: Re: Government departments 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?) ******************** E-mail confidentiality notice ******************** This message is intended for the addressee only. It is private, confidential and may be covered by legal professional privilege or other legal or attorney/client privilege. If you have received this message in error, please notify us and remove it from your system. If you require assistance, please contact our London office (telephone +44 (0) 20 7490 4000). Masons is an international law firm with offices in London, Bristol, Edinburgh, Glasgow, Leeds, Manchester, Brussels, Dublin, Hong Kong, Guangzhou and Singapore. Further information about the firm and a list of partners is available for inspection at 30 Aylesbury Street, London EC1R OER or from our Web site at www.masons.com ***********************************************************************