Agreement is breaking out all over! I didn't think we were disagreeing Tim and I think you are absolutely right to offer the occasional reminder that the list is not about offering legal advice and people shouldn't (and I think don't) take it as such. I wish that other law-related JISCMAIL lists that I am on would offer such occasional reminders. But being pointed to a few sources can help sharpen people's views about the questions they should or might ask if they do need to go to a good lawyer for advice or guidance. To be honest questions come across this list every day that interact or collide with many areas of law and this is rarely explicitly noted or recognised. Laurence >>> Tim Trent <[log in to unmask]> 26/04/04 15:16:33 >>> I don't disagree with you at all Laurence. The reason for the health warning is that we often forget that we are alleged experts in a very small part of the law, and are 99% of us unqualified to offer legal advice in any form. All we can do is to offer up common sense to other people. However, where laws collide, this is no place for even the most gifted non qualified person. The problem we each have is that we state our lay opinions with the certainty of the expert - a dangerous set of opinions to read and take without advice. Tomorrow, for example, I am giving a training workshop in conjunction with the BSI under their auspices. A point I will make firmly and clearly during it is that the Legal Department should always at least be *informed* of decisions taken, and that their advice should be sought well in advance of difficult decisions. -----Original Message----- From: Laurence Bebbington [mailto:[log in to unmask]] Sent: Monday, April 26, 2004 3:09 PM To: [log in to unmask]; [log in to unmask] Subject: Re: Bailiffs and court fines I agree with the warning but it seems to me that it could be made about many of the postings that pass through this list every week. The tension between the information that bailiffs need to execute their instructions and data protection issues is not new. For example, as long ago as 2001 the Court Service indicated "that creditors can provide such information as they have fairly and lawfully collected for the purpose of enforcement" to bailiffs (reported in New Law Journal, 7th September, 2001, p. 1279). In a Green paper issued in 2001 the [then] Lord Chancellor's Department opined that "information is the key issue to improve enforcement. . this information, relating primarily to personal details, is absolutely essential to an improved enforcement system, but that there should be strict safeguards to ensure that the information was not misused or used for other unrelated purposes." This Green paper (I believe) has not been taken further but it is at http://www.dca.gov.uk/enforcement/enfrev01/rep01.htm There is a case on similar issues dealing with private bailiffs - Farrer v. Secretary of State for Transport, Local Government and the Regions [2002] EWHC 1917 Admin summarised on the web site of the Association of Civil Enforcement Agencies at: http://www.acea.org.uk/whatsnew/feb03a.htm Bailiffs also have their own organisation the Certificated Bailiffs Association at http://www.bailiffs.org.uk/ Offered merely as "any comments" as originally requested. Again I agree with the health warning that legal advice/guidance for specifc problems should always be taken from a good legal practice. Laurence Laurence W. Bebbington Law Librarian Information Services The University of Nottingham University Park Nottingham NG7 2RD >>> Tim Trent <[log in to unmask]> 26/04/04 14:03:16 >>> Very specific questions like this, especially where there is a legal liability are best addressed to a qualified legal person retained by your organisation to give full legal advice. I would not take action based on a consensus from here however well worded. -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Samantha Hill Sent: Monday, April 26, 2004 2:00 PM To: [log in to unmask] Subject: [data-protection] Bailiffs and court fines Dear All I would appreciate any comments on a question I have. We have recently been approached by bailiffs requesting the address of a student. My initial reactions were not to give the bailiffs the student's address but to pass on any letter to the student, as I did not know what they wanted the information for. On speaking to the bailiffs though, we found that they were trying to collect on a court imposed fine. My question is whether we would be exempted from the Data Protection Act and therefore able to give the bailiffs the address either under section 29(1)(c) "..collection of any tax or duty or any imposition of a similar nature" (is a fine an "imposition"?) or under s35 concerning legal proceedings? Thanks for your help Samantha Hill Information Disclosure Officer University of Portsmouth Portsmouth PO1 2UP Tel: 023 9284 3642 E-mail: [log in to unmask] ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ This message has been scanned but we cannot guarantee that it and any attachments are free from viruses or other damaging content: you are advised to perform your own checks. Email communications with the University of Nottingham may be monitored as permitted by UK legislation. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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 message has been scanned but we cannot guarantee that it and any attachments are free from viruses or other damaging content: you are advised to perform your own checks. Email communications with the University of Nottingham may be monitored as permitted by UK legislation. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^