Section 35 DPA? Mind you, it's still their discretion to disclose! Regards Iain Harrison Information Governance Officer Contracts & Governance Team, Customer & Workforce Services, Coventry City Council Council House, Earl Street Coventry, CV1 5RR Telephone No: 024 7683 3305 Fax No: 024 7683 3395 www.coventry.gov.uk <http://www.coventry.gov.uk/> ________________________________ From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Trent Sent: 16 January 2009 09:24 To: [log in to unmask] Subject: [data-protection] Thoughts on release of data, please I could do with an opinion, please. I own a small house that I rent out to a tenant who is in arrears with her rent. She has a rent guarantor who has signed a contract with me to guarantee the rent and given his then current employer's name and then current address in the contract. I have obtained a county court judgment against both the tenant and the guarantor for the full sum plus court costs The tenant has vaporised and the guarantor is no longer with that employer and no longer at his original address. Both are untraceable. Neither has responded to the judgment and bailiffs are having, unsurprisingly, no success. So what has this to do with the DPA? Yesterday I approached the guarantor's ex employer, explained the situation, produced the CCJ and the contract with me as evidence that I am not some "casual enquirer" and that I have a reasonably justifiable need to have details of the man's current whereabouts. They refused, stating that to supply me with these details would break the DPA. The question, and one which is hard for me to answer because I am personally involved, is, "Do I have any right to press for data regarding the guarantor, and, if so, what do I need to quote in order to get the data released?" -- ________________________________ Tim Trent - Consultant Tel: +44 (0)7710 126618 web: ComplianceAndPrivacy.com - where busy executives go to find the news first personal blog: timtrent.blogspot.com/ - news, views, and opinions personal website: Tim's Personal Website <http://www.trent.karoo.net> - more than anyone needs to know Marketing by Permission <http://feeds.feedburner.com/%7Er/MarketingByPermission/%7E6/1> Important: This message is private and confidential. If you have received this message in error, please notify us and remove it from your system. This email and any attachment(s) are believed to be virus-free, but it is the responsibility of the recipient to make all the necessary virus checks. 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