Michelle
"Legitimate interest" is simply that - do they have a reasonable
interest in accessing the information. Much of your thoughts seem to
hang round the next bit of condition 6(1) which is "necessary". If you
look at some of the Scottish Information Commissioner's FOISA decisions
regarding section 38 (that's the Scottish personal information
exemption) you can get some good examples of the arguments around
legitimate interest, necessary, and unwarranted prejudice.
On a cautionary note, however, I suspect the information you are looking
at will require a schedule 3 condition as well as a schedule 2
condition, in which case you may well hit a brick wall if consent is
refused.
Donald Henderson
Information Compliance Manager
Perth and Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Michelle Peel
Sent: 21 February 2011 14:03
To: [log in to unmask]
Subject: [data-protection] "Legitimate Interests" condition
Hi everyone,
My brain is fried and it's only Monday! Hope someone can help me...
I need some clarification of the "legitimate interests" condition. I've
read the guidance from the ICO on their website
(http://www.ico.gov.uk/for_organisations/data_protection/the_guide/condi
tions_for_processing.aspx) but it doesn't help as I'm not sure it
explains what is legitimate and what isn't.
The situation is this: our Children's Centres require the contact
details of all women who become pregnant. We are in the process of
facilitating data sharing agreements with the two NHS Trusts who provide
us with maternity services to do this, but only with consent.
The Children's Centres argue that this still means they are missing
their target audience, as the people who refuse to give their consent
are most likely to be those who may benefit from the services the
Children's Centres provide.
Children's Centres are required by Ofsted to target all parents of
children aged 0-4 (under 5s) to provide services which benefit their
health and wellbeing. Ultimately Children's Centres are part of wider
preventative services in the hope that children will avoid entering the
social care system.
Could we argue the "legitimate interests" condition to get contact
details for ALL families once they contact maternity services?
I've never had to apply this since learning the theory as consent or
vital interests has always been more than satisfactory, but I can see
where the Children's Centres are coming from. Your views would be
greatly appreciated.
Many thanks,
Michelle Peel
CYPS Information Governance Manager
Trafford Children and Young People's Service
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