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I thought ICO had issued other guidance and that some of the restrictions had been removed. Can’t seem to find link though.
Doreen
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 19 June 2013 12:15
To: [log in to unmask]
Subject: Re: Secondary Use of Council Tax Data
Positions about this seem to vary. In 2007 the ICO issued guidance which has now been removed, which was trumpeted as saying
"Council tax information, such as residents’ names and addresses, collected by local authorities can be used for other purposes, according to new guidance published by the Information Commissioner’s Office (ICO)".
The recent (and current) data-sharing code merely says "Council Tax information is collected under statutory authority so [a Council] should seek legal advice before using the information for a non-Council Tax related purpose"
Not very helpful.
It's section 18 of Schedule 2 to LGFA 1992 by the way.
If I were you I'd ask the ICO for their view, and why their 2007 guidance (which I've found mirrored on this page http://www.ehnetwork.org.uk/library-item/use-personal-information-held-collecting-and-administering-council-tax-ico-guidance) was removed.
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
follow us on twitter: @buckscclegal
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Catherine Hanley
Sent: Wednesday 19 June 2013 11:35
To: [log in to unmask]
Subject: [data-protection] Secondary Use of Council Tax Data
Hi all
Can't see the wood for the trees. Can anyone provide advice/clarification on the re-use of Council Tax data please?
My understanding is that Council Tax data cannot be used for other purposes, and that this is a restriction laid down in the local government finance act 1992, although I can't seem to find evidence of the specific piece in the legislation.
The Council, and I'm sure others have come across this, have received funding from central government as part of the Community Energy Saving Programme (CESP) to undertake works to improve the fuel efficiency of solid wall properties. British Gas have won the national contract to undertake the works, but require permission of homeowners to carry works out free of charge. Rather than share personal data with British Gas, our Regeneration department want to access Council Tax data to contact home owners to let them know about the scheme and it's benefits, asking that they contact British Gas if they're interested and want to be involved.
I would normally be happy with this, as it's clear that the scheme is of benefit to the homeowners, helps to assist with the issue of fuel poverty etc, and I don't think contacting individuals negatively impacts their privacy in any way, but I'm concerned whether even this internal re-use of Council Tax data is not permitted?
Any advice would be greatly appreciated, especially if anyone is able to point me to the specific restriction on the use of Council Tax data?
Kind regards
Catherine
- - - - - - - - - - - - - - - - - - - - - - - - - - -
Catherine Hanley
Data Protection Officer
Middlesbrough Council Members' Office
PO Box 503
Town Hall
Middlesbrough
TS1 9FX (for directions please use TS1 2RT)
01642 729686
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