In a message dated 17/05/04 11:12:00 GMT Daylight Time,
[log in to unmask] writes:
> 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.
--------
Section 29 **allows** the release of the data, it does not compel it. When
you receive a request for data for the collection of taxes or revenues you
should make an informed decision as to whether or not to disclose. If you are not
reasonably sure that failure to disclose would prejudice the tax collection,
you should not disclose. If, for example, forwarding the request to the
individual did not achieve the desired result, a disclosure of the new address
could be considered.
Your letter to the individual could include a notice that if they do not
contact the council the new address might be disclosed. It might be worth
including a section in the tenancy agreement in respect of assisting public bodies in
their efforts to collect taxes. Presumably all the other RSLs and HAs have
such terms in their contracts and inform new tenants of their policies (First
Principle).
Please note that s29 would not allow the disclosure of data for the purposes
of unpaid rent.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above 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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