We have done a blanket registration/notification for all members, with some
subtle changes for each member depending on what they do. But every member
has been notified in their own right.
Fiona Musgrave (01228 817258)
IT Team Principal/DP Officer
Carlisle City Council
> -----Original Message-----
> From: Tommy Kennedy [SMTP:[log in to unmask]]
> Sent: 09 November 2001 14:15
> To: [log in to unmask]
> Subject: Re: Elected Members
>
> Thanks for that further summary Ian.
> I'm not looking to get into a legal debate on the issue, particularly with
> someone of your obvious experience.
>
> What I am doing is taking a cautious approach in the light of conflicting
> legal advice.
> My objective of finding out what other LAs are doing still stands. Thanks
> to those who replied.......... further information from any other LA DPOs
> willing to share would be gratefully (and securely!) received.
>
> thanks,
> Tommy Kennedy
>
>
> >>> <[log in to unmask]> 11/09/01 01:06pm >>>
> In a message dated 09/11/2001 12:14:02 GMT Standard Time,
> [log in to unmask] writes:
>
> << Specifically, that members working on surgery organisation/complaints
> etc... could be considered to be wearing a Council hat. So while the
> member
> would do the work, the council would be the data controller. Therefore no
> need to separately notify. >>
> ----------
> Elected Members often take up complaints **against** the council, so the
> council could in no way be described as the controller of how that
> councillor
> conducts the complaint. If the council were to dictate which complaints
> to
> take up, how to process the data, at what point the enquiry is satisfied,
> etc., the councillor would lose his/her independence. They also take up
> complaints in areas that are nothing to do with the council, eg problems
> with
> the local health authority.
>
> The advice I give to councillors on all the training courses I do is: "If
> you
> use a computer for representation purposes, surgery purposes, or adoption
> campaigning within your party, you should notify. (NB Political
> campaigning
> by independent councillors would not be covered by a party political
> notification.) If you are doing any of those things on manual files, card
> index systems or other non-automated methods you might still want to
> volunteer to notify, otherwise you will need to inform all the data
> subjects
> individually of the registrable particulars."
>
> I remember similar stories of "we have checked with our solicitors"
> arguments
> against registration by schools in England and Wales, and about what was
> "relevant data" by Community Charge Registration Officers who were using
> domestic rates data for Poll Tax purposes.
>
>
> Ian Buckland
> MD
> Keep IT Legal Ltd
>
> Please Note: The information contained in this document does not replace
> or
> negate the need for proper legal advice and/or representation. It is
> essential that you do not rely upon any advice given without contacting
> your
> solicitor. If you need further explanation of any points raised please
> contact Keep I.T. Legal Ltd at the address below:
>
> 55 Curbar Curve
> Inkersall, Chesterfield
> Derbyshire S43 3HP
> (Reg 3822335)
> Tel: 01246 473999
> Fax: 01246 470742
> E-mail: [log in to unmask]
> Website: www.keepitlegal.co.uk
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
> all commands go to [log in to unmask] not the list please!
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> _____________________________________________________________________
> This message has been checked for all known viruses by Star Internet
> delivered through the MessageLabs Virus Scanning Service. For further
> information visit http://www.star.net.uk/stats.asp or alternatively call
> Star Internet for details on the Virus Scanning Service.
_____________________________________________________________________
This message has been checked for all known viruses by Star Internet
delivered through the MessageLabs Virus Scanning Service. For further
information visit http://www.star.net.uk/stats.asp or alternatively call
Star Internet for details on the Virus Scanning Service.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
