In a message dated 05/08/04 15:35:22 GMT Daylight Time,
[log in to unmask] writes:
> Correct me if I am wrong but are we not disclosing Council Tax data when
> there is the exemption to do so? - Crime and Taxation? My argument then
> progresses this to other exemptions. It is up to the individual
> controller to determine the validity of the exemption and be prepared
> to be legally tested.
------------
The first part of your argument is not invalid. The problem arises in
applying the other exemptions, one of which is consent, another is contract -
neither will allow the disclosure of CT data. It is unlikely that much gets past
the First Principle in that virtually *any* further use of the personal CT data
would not be "lawful".
Another problem is that the DPA only applies to living individuals, the LGFA
92 also restricts the use of deceased person's personal information.
Following your line of thought, all data on dead people's CT could be disclosed and
shared among council departments.
The correct order in which to apply the legislation, IMHO, is:
1) Do we have the power (vires) to share? If not, ignore Q2 and don't share.
2) Does the DPA allow the sharing?
Yes, DPOs will give advice once the vires has been checked by the legal
department, and yes, some will risk the data sharing because of the financial
rewards offered by the government, but not everyone will want to put their name to
the paper that says the data sharing is lawful. Once past that hurdle,
members will happily rubber stamp the exercise.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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