In a message dated 18/09/2001 14:22:57 GMT Daylight Time,
[log in to unmask] writes:
<< We have tried to get consent as regards the sale of council houses to
sitting tenants who owe the Council money (e.g. rent arrears, council tax
arrears). In the offer to sell we make it clear that the sale is entirely
conditional upon all arrears being cleared before settlement, or else we can
refuse to sell the house. My argument is that I can data match because, by
accepting the offer with that clause in it, the tenant has agreed to data
matching being carried out. The same IOC staff member was not happy at our
practices but conceded that it did comply with the terms of the DPA. >>
-------
We should be careful to differentiate between "data matching" and "data
sharing" - they are not the same.
Data sharing of the type David describes is, I believe, within the rules of
the DPA98 because the contract term is clear: "If you owe us money related to
this property you must pay that before we will consider the sale". Provided
the condition is allowed within the constitutional "right to buy" legislation
then ultra vires issues should not prevent the data sharing in respect of
that individual because it is done on a case-by-case basis and it is not data
matching.
Data matching is where two files of data, obtained for distinct and different
purposes, are cross-matched to search for the same (or similar) details or to
pick out exceptions. These "fishing trips" can only take place where a
significant public interest argument arises such as benefit fraud.
Legislation appears to allow the Audit Commission to demand certain data for
this purpose. Recent requests from the Audit Commission for councils to
"volunteer" data on individuals such as taxi drivers, market stall holders
and asylum seekers may well be putting complying councils in danger of
breaking the law if they do not obtain consent from such people.
Ian Buckland
MD
Keep IT Legal Ltd
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