Clementine Amawo on 17 May 2004 at 11:06 said:-
> If this is so, then our Council Tax and Confidentality policies are
> wrong. Or is he pulling a fast one?
You would need to enquire about the powers they were using to demand the
data, as well as confirming the legislative base for those powers. (Your
existing policies may quote those issues from when they were written and
referenced, only then requiring a check for any changes to those quoted
As Ian B mentions, s.29 does not preclude disclosure, it merely allows it.
It also does not legalise any actions by members of organisations who could
not legally obtain the data in question in the circumstances in question.
Of course the disclosing organisation is only likely to be in breach of
principle 7 if disclosure is unwittingly made believing lawful authority to
receive the data existed.
Experience taught me that many people state you have no option when they
require data, but when asked for the basis of that lack of option are unable
to provide any.
for information Kirsty Gray has previously posted on this subject which
would seem relevant to your enquiry.
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Clementine Amawo
> Sent: 17 May 2004 11:06
> To: [log in to unmask]
> Subject: Council Tax
> I have had a call from someone from the Revenue Dept of a
> borough council, challenging our policy on not giving out
> forwarding addresses of tenants who they're chasing for
> Council Tax payment (eg They want Mr Smith to pay for his
> time at 1 Jones Street, but Mr Smith now lives in another
> Circle 33 property at 1 Bloggs Lane). Our policy says that we
> can only forward correspondence on for them, we can't give
> them Mr Smith's new address.
> However, the person at the borough council says that we're
> the only RSL (Registered Social Landlord) he knows that does
> this as section 29 of the Data Protection Act 1998 says that
> Revenue Departments have the right to this sort of info in
> the course of assessment or collection of tax.
> If this is so, then our Council Tax and Confidentality
> policies are wrong. Or is he pulling a fast one?
> Help and advice appreciated.
> Information Management Officer (IT)
> All archives of messages are stored permanently and are
> available to the world wide web community at large at
> If you wish to leave this list please send the command
> leave data-protection to [log in to unmask]
> All user commands can be found at : -
> (all commands go to [log in to unmask] not the list
All archives of messages are stored permanently and are
available to the world wide web community at large at
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
(all commands go to [log in to unmask] not the list please)