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In a message dated 31/10/2000 09:27:19 GMT Standard Time, [log in to unmask] writes: << You - and everyone else out there in local authority land - need to be aware that the advice issued by the ODPC last year is flawed. I won't go into detail here - previous postings have indicated where such can be obtained. However, new advice is available that identifies an error OF FACT in the legal argument of the ODPC advice and says that the internal sharing of data held for C Tax purposes is NOT ultra vires. >> ----------------------------- Dave, Mitchell, et al in LG circles, Oh dear, fancy putting that in writing - advice from the DPC's QC is flawed? One fault with the argument is that it works on the premise that because the Data Protection Commissioner's view is that a regulation would have to be made to allow further usage, the absence of that regulation (or even if there were one it would not apply to personal data) makes it okay to use the data. I don't agree, it still doesn't get round the fact that there is no "vires" for the further use. Whether the regulation was under paragraph 17 of Schedule 2 or sub-para 42 of section ZZpluralZalpha matters not a jot. The fact is it doesn't exist. When we contacted the Office of the Data Protection Commissioner they said there was nothing that causes them to change their mind or resubmit to their own QC. The other problem with the argument is that the QC hired by Calderdale et al was not asked to comment on the question of whether further use would be fair, as is required by the First Principle. My own view is that as you are threatening the person with legal action for not completing the form (for Council Tax purposes) you would have to be able to show that all your secondary purposes carried a similar penalty for non-supply of the data by the subject. In other words, if individuals cannot be prosecuted for not filling in forms for the other purposes (GIS, reallocation of empty houses, civil debt collection, etc) the further use of the data would automatically be unfair - even IF (and I'm not convinced) it was lawful. Ian Buckland MD Keep IT Legal Ltd %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%