Ian Mansbach on 13 January 2005 at 22:11 said:-
> Surely the registers of births, deaths and marriage comprise
> publicly available information under enactment and
> consequnetly fall under s.34 of the DPA and are not subject
> to the non-disclosure provisions?
Arthur Howell's e-mail of 12 February 2004 at 13:05 mentioned some
existing regulatory protections for the register of deaths; would the
same regulations affect the other registers?
> The registrar of births and deaths is by law (The Council Tax
> (Administration and Enforcement) Regulations 1992) only able
> to send a list of deaths to the 'Council Tax Billing'
> authority (the council) and no other department within the
> local authority, The Council Tax department has constraints
> placed on it under the Finance Act as to the use of the data
> however, it may be possible to request the information from
> the Council Tax Department under a Duty of Care -Local
> Authority Act (care for the next of kin or remaining partner)
> and to comply with Principle 4 of the data Protection Act
> 1998 (Personal Data shall be accurate and up to date).
If they do not, the DPA would apply anyway to the information processed
for the registers for births and marriages, unless the persons mentioned
within them have subsequently died.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Ian Mansbach
> Sent: 13 January 2005 22:11
> To: [log in to unmask]
> Subject: Re: Marriage and data protection issues
>
>
> Surely the registers of births, deaths and marriage comprise
> publicly available information under enactment and
> consequnetly fall under s.34 of the DPA and are not subject
> to the non-disclosure provisions?
>
> Ian Mansbach
> Mansbachs
> Data Protection Practitioners
> [log in to unmask]
> phone: 0871 716 5060 international: +44 (871) 716 5060
> fax: 0871 716 5061 international: +44 (871) 716 5061
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Kirsty Gray
> Sent: 13 January 2005 15:06
> To: [log in to unmask]
> Subject: Re: [data-protection] Marriage and data protection issues
>
>
> You might also want to check with the legal chaps about
> restriction on access to & use of information on the register
> of births, deaths & marriages
> - I seem to remember from my local government days that the
> council hosts on behalf of the Registrar General and the
> Registrar is a separate legal entity requiring a separate
> notification to DP register.
>
> The info that the Registrar is required to display (and the
> Bans that a delared in church) are to give anyone with 'just
> cause' the opportunity to object to the marriage. I can't
> imagine that gathering & using this info to tout for business
> is 'fair & lawful'. Plus, by the time that the info is up on
> the board most couples will have made all their wedding &
> honeymoon arrangements.
>
> Next you'll have undertakers wanting details of deaths and
> childminders asking about births!
>
> Kirsty E Gray
> Access to Information Advisor
> Commission for Social Care Inspection
>
> Note: comments for discussion and debate only and do not
> necessarily reflect the corporate position of CSCI nor
> constitute legal advice.
>
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