I'm probably being argumentative for the sake of it (I don't like Tuesdays),
but this approach worries me. Either data-sharing is legal, or it isn't.
Either you can satisfy the DP conditions, or you can't. There is no escape
from that. Even if you don't ask for consent, you may very well have to tell
people what you're doing or likely to be doing with their data. However, to
start from the presumption that all data sharing must include consent just
reduces the options. It puts the DP officer in the likely position of being
the person in the room who always says no. In my opinion, there is nothing
worse for an organisation aspiring to be DP compliant than the DP officer
being associated entirely with the word "No." If you say no (or 'consent')
all the time, it doesn't make the organisation more compliant, it just makes
it more likely that people won't ask for advice any more. Besides, consent
is useless if you don't have the vires to share in the first place.
Is it unfair to suggest that your view is doctrinal - i.e. nothing is
legitimate without consent? What I took from your answer is that there isn't
a substantial public interest test, not a formal one. Now, you mention
"proportionality rules". Where are these rules? If every piece of advice I
gave had to include considerations of human rights, common law and natural
justice, I wouldn't leave the house.
Tim Turner
Data Protection Officer
Wigan Council
> ----------
> From: [log in to unmask][SMTP:[log in to unmask]]
> Reply To: [log in to unmask]
> Sent: 12 July 2004 16:49
> To: [log in to unmask]
> Subject: Re: [data-protection] Crime and Disorder Act 1998 - sharing
> info
>
> --------
> It is unlikely that the person's human rights, rights under DPA (although
> after Durant and Johnson I'm not sure where this one is going), meeting
> the
> "necessary" part of Schedule 2/3 conditions, proportionality rules, common
> law and
> natural justice that the data could be shared without their consent unless
> the
> public interest is served. In my opinion it is a combination of rules,
> rather than a pure DPA question.
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
> Please Note: The information given above 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
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> http://www.jiscmail.ac.uk/lists/data-protection.html
> 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 : -
> http://www.jiscmail.ac.uk/help/commandref.htm
> (all commands go to [log in to unmask] not the list please)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.
This footnote also confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses using Sophos
anti-virus software.
www.mimesweeper.com
www.sophos.com
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
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 : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
