Nicola
I spoke to the IC's Office yesterday and in view of the Wakefield Court case
it was found that the Government were in fact acting illegally in that the
Assessor should inform people as to how their information is to be used
(which also contravenes the 1st Data Protection Principle). An individual
has a right to be informed as to how their information should be used.
Form A states that it is for the purposes of Register of Electors and not
that the information will be sold on.
A Judicial Review by the House of Lords is to take place soon and it may be
that they will decide that the RoP Bill will have to ensure that individuals
are given the option to "opt-out" i.e. that their personal details will not
be sold on for commercial purposes.
I was also told by the IC's Office that things will be a little "messy"
until the Review has taken place - I wonder, where does that leave us all?
Doreen
> -----Original Message-----
> From: Nicola Wood [SMTP:[log in to unmask]]
> Sent: 23 November 2001 11:40
> To: Broom, Doreen
> Subject: RE: Representation of the People (Scotland) Regulations 2001
>
> Doreen
>
> Very good point! Yes - I would totally agree that (for DP reasons) the
> ERO
> should only be able to see things that relate to the possible registration
> and definitely not anything else. It would be interesting to see if that
> is
> what assessors also think - but I would suggest that you must be on very
> dodgy ground if you are releasing records to them that would be seen by
> the
> member of staff as personal data.
>
> As I said, I have a meeting with the assessors on 4th, so I think I will
> bring this up then as it must be a problem that others have come across.
>
> It is a very knotty problem - not least because of the fact that the
> Representation of the People Act, DPA and FOI don't always sit very
> comfortably together!
>
> Regards
>
> Nicola
>
> -----Original Message-----
> From: Broom, Doreen [mailto:[log in to unmask]]
> Sent: 22 November 2001 09:52
> To: 'Nicola Wood'
> Subject: RE: Representation of the People (Scotland) Regulations 2001
>
>
> Thanks Nicola. I am of the understanding that the only records they are
> entitled to see are those they require for the purposes of the Electoral
> Register i.e. Name, Address and DOB (nothing else) as the records obtained
> for Personnel are for that purpose and that purpose only e.g. sensitive
> personal details should not be disclosed - (maybe that someone has had a
> hysterectomy).
> Do yoiu agree?
> Doreen
>
>
> > -----Original Message-----
> > From: Nicola Wood [SMTP:[log in to unmask]]
> > Sent: 21 November 2001 16:59
> > To: Broom, Doreen
> > Subject: RE: Representation of the People (Scotland) Regulations 2001
> >
> > Doreen
> >
> > I'm not certain how much help I can be with this one - but I recognised
> > the
> > cry for help! As you (may) know I am running the Local Authorities
> Secure
> > Electoral Register (LASER) project - which covers the whole of the UK.
> >
> > My understanding and interpretation of this part of the RPA is exactly
> > that
> > - the assessor can look at any records he wants to in order to ensure
> that
> > his electoral register is up to date. Where there may (or may not) be a
> > problem specifically in Scotland might be around the community charge
> > aspect
> > to the assessor's job. However, as long as he is not using it for that
> > purpose and is merely using it to ensure his electoral register is up to
> > date then I would say that is OK. I appreciate that the particular
> > difficulty in this case is looking at employee records - but I would
> still
> > suggest that he is merely using any records (including the council's
> own)
> > to
> > ensure his electoral register includes all electors.
> >
> > I know it all seems a bit contradictory - the RPA and DPA don't
> > necessarily
> > sit very well together (see the Wakefield case!) however, this is the
> > situation as I understand it.
> >
> > If you would like further clarification at all, I can put you in touch
> > with
> > Billy Sommerville of Ayrshire Valuation Joint Board - in fact I am going
> > up
> > to an assessor's meeting on 3rd December in Stirling so it might be
> > something that I can raise then.
> >
> > I hope that this has provided some help.
> >
> > Regards
> >
> > Nicola Wood
> > People Information Programme Manager
> > Local Government Information House
> > 020 7296 6601
> >
> > -----Original Message-----
> > From: Broom, Doreen [mailto:[log in to unmask]]
> > Sent: 14 November 2001 13:56
> > To: [log in to unmask]
> > Subject: Representation of the People (Scotland) Regulations 2001
> > Importance: High
> >
> >
> > Hi there
> > Sorry - there is a Scottish slant to this - as usual we have to be
> > different
> > to everyone else.
> > Anyway my problem is our Assessors Department has contacted Personnel
> and
> > wish to look at all employee records. They say they have a right to
> > inspect
> > under Clause 35:
> >
> > "Registration Officer's right to inspect certain records:
> > 35.(1) A registration officer is authorised to inspect, for the purpose
> > of
> > his registration duties, records kept (in whatever form) by -
> > (a) An authority listed in para. 2 below or
> > (b) any person providing services to, or authorised to exercise any
> > function of, any such authority.
> >
> > (2) Those authorities are:
> > (a) The Council by which he was appointed; and
> > (b) a Registrar of Births, Deaths and Marriages.
> >
> > (3) A registration officer is authorised to make copies of
> information
> > contained in such records."
> >
> > Can anyone help - I am a wee bit wary about this as the Assessor is
> > basically saying he can come into any Department within the Council and
> > obtain whatever records he likes!!!
> >
> > Any assistance would be greatly appreciated.
> >
> > Doreen Broom
> > Data Administrator
> > Scottish Borders Council
> > Council HQ
> > Newtown St.Boswells
> > Melrose
> > Borders TD6 0SA
> >
> > Tel: 01835 826516
> > e-mail: [log in to unmask]
> >
> >
> >
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