Print

Print


I'm sure you were right to do it.  But I'm not sure why section 55(1)
helps. This deals with the offence of disclosing information without
the data controller's  consent, but in this case the data controller
(you on behalf of your authority) did consent...

Don't you just have to show that there was no contravention of the DP
principles?

It was obviously fair, it was presumably lawful and you have a
paragraph 6 of Schedule 2 justification. You just have to deal with
Principle 2 - if you can bring yourself to take it seriously -  is
saving the lives of everyone in the block of flats "incompatible" with
the purpose for which the data was obtained?

Maurice Frankel
Campaign for Freedom of Information







On 10 Jun 2004, at 14:52, Broom, Doreen wrote:

> ***** THIS EMAIL WAS SENT VIA THE INTERNET *****
>
> Wholeheartedly agree....you don;t want responsibility for an
> explosion/loss of life...........D
>
>
>         -----Original Message-----
>         From:   Brenda Scourfield
> [SMTP:[log in to unmask]]
>         Sent:   10 June 2004 13:56
>         To:     [log in to unmask]
>         Subject:        Disclosure - was I correct ?
>
>         ***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
>
>         A request was made to our Council Tax section by one of our
> council
>         officers and the police, who were also present, to release the
> name and
>         address of a landlord of a now privately owned ex council
> flat. There was
>         a gas leak in the flat and they were unable to gain
> admittance. Council
>         Tax did not have the landlord's telephone number, nor was it
> obtainable
>         from directory enquiries.We were therefore unable to quickly
> obtain the
>         data subject's permission to disclose.
>         I agreed to the disclosure on the grounds 'that in the
> particular
>         circumstances the obtaining, disclosing or procuring was
> justified as
>         being in the public interest' (exemption to S55(1)
>
>         What are others views on this ?
>
>         ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>                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 is privileged, confidential and subject to copyright. *
> * Any unauthorised use or disclosure of its content is prohibited. *
> * The views expressed in this communication may not necessarily    *
> * be the views held by Scottish Borders Council.                   *
> ********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>        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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^