In a message dated 10/09/2002 11:22:21 GMT Daylight Time, [log in to unmask]
writes :
<< If the data subject has consented to the use of their change of address
information to update all the information the Council holds about them, or
has explicitly provided the information for this purpose, what data
protection and human rights difficulties does this service raise? >>
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Public sector organisations are subject to the "ultra vires" rule and may be
acting outside their powers depending upon the legislation affecting that
particular data or processing. As an example, Council Tax data (and
presumably any data given to update the CT information) cannot be used for
any other purpose - even with consent!
This would make the processing unlawful (P1 and P2) and presumably also
unfair (P1 - you are required by CT law to give it, but not required by law
to give data for most of the other purposes in a council) and a breach of the
DPA.
The legal aspects of processing data within public sector bodies are complex
to say the least and this information comes as no surprise to me. I have
said for a long time that the technical aspect of e-government will not be
the biggest stumbling block, it will be the legal issues. Many councils have
embarked upon huge spending exercises with regard to e-government and they
have been encouraged by a government that has not established a business
case, nor sorted out the legal minefield that exists, for the project.
Some councils are proposing to share more than just address data across
departments - can you imagine the problems they will face?
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information contained in this document does not replace or
negate the need for proper legal advice and/or representation. It is
essential that you do not rely upon any advice given without contacting your
solicitor. If you need further explanation of any points raised please
contact Keep I.T. Legal Ltd at the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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