I don't think CT forms, or any others, would need to be changed at all. The
Shepway case involved (as I understood it) a project offering a change of
address service whereby council tax payers would only have to advise the
Council once of their change of address, and this information would be
disseminated through to all the appropriate departments as advised by the
individual. Those departments would then contact the individual to make
appropriate arrangements to pay CT, as an example, under the existing
procedures. The way I see it, you are collecting personal information (ie.
name, current and new address) for the specified purpose of advising a
number of council departments that your details have changed, who can then
follow this up in the appropriate way. As long as you have a properly
drafted FCN to that effect, I don't really see the problem.
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: 31 October 2003 10:46
To: [log in to unmask]
Subject: Re: [data-protection] sharing database information
In a message dated 30/10/03 17:02:56 GMT Standard Time,
[log in to unmask] writes:
> After all, Shepway Council were simply trying to offer their council tax
> payers an improvement in the level of service provided, in order to make
their
> lives easier. Who exactly is going to make a complaint against that?
-------
There will always be someone willing to complain, as all council DPOs will
attest.
Leaving aside the ultra vires issue, the question of fairness would still
have to be addressed - an issue not pursued with the QCs I believe. This
would
mean that CT forms would have to be changed to ask for consent to use the
data
for other purposes within the council.
The statement that "you are required by law to complete this form" would
have
to be removed, reducing the number of Council Tax forms returned (hence
reducing tax collected) and the form would need to specify exactly what
these other
purposes were - a statement that the data would be "shared with other
departments" would not suffice.
Can anyone tell us whether this is a legally prescribed form, thereby making
any such changes to it unlawful?
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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