First of all, thank you to those who replied - both on and off list.
Unfortunately the content of the replies and my own further research
demonstrate that the situation hasn't really changed. To summarise:
The ICO guidance was revised in August last year and still maintains
that secondary usage other than as provided for by the LGFA 1992 and
other, specific, legislation is unlawful. This is backed up by the ICO
response to a direct question, posted to this list in April under the
thread "Population of a CRM System".
The DCA hasn't published anything since the Legal Guidance in November
2003. However, on the DCA links page there is one to the ICO where it
states "The Information Commissioner. Includes advice on data sharing
between different local authority departments and on the secondary use
of council tax data" - which suggests that the DCA agrees with the ICO.
The ODPM admits that the situation is far from clear and that they are
still working on it.
Government Connect will, apparently, "be advising users they CAN
populate their CRM using Council Tax data" - but not until next January.
This latter point suggests that, under legislation existing today, the ICO
is correct (otherwise why delay the advice until January?). However, if the
ODPM (the department in charge of CT legislation) is still working on
resolution of ambiguities and there are no draft SIs published on the
subject yet (I've checked the web site), where is the necessary amending
legislation?
Thanks goodness it's Friday.
Regards,
Graham
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