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Thank you all for your replies....will let you know the outcome ..............D
-----Original Message-----
From: Michael Doherty [SMTP:[log in to unmask]]
Sent: 01 June 2004 10:05
To: [log in to unmask]
Subject: Re: S35(2)
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Morning all,
Basically agree with what has been said before:
Consent must be freely given - not a contractual requirement - and capable
of being withdrawn; so unlikely to be true consent.
Section 35 does not negate duty of confidence or fair processing
requirements. I've recently upset a government department - sorry chaps -
by declining to process requests for information about staff under Social
Security legislation where Section 35 is cited, unless I inform the
individuals of the disclosure first.
I sometimes need to say no to insurance companies, loan firms and
individuals trying to use S 35 without the knowledge of the data sybject;
but point out that we will usually respond (quickly) to a Court Order.
They're not too difficult to get; but we don't receive many. Our response
might be to argue against them.
If the people make improper demands accompanied by threats, then, if memory
serves me right, it's called blackmail - where "any person ... with a view to
gain ... makes any unwarranted demand with menaces" (section 21 Theft Act
1968).
Michael Doherty
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