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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 
 


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 - more than anyone needs to know

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