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DATA-PROTECTION  May 2007

DATA-PROTECTION May 2007

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Subject:

Re: Rental agreement

From:

Iain Harrison <[log in to unmask]>

Reply-To:

Iain Harrison <[log in to unmask]>

Date:

Fri, 25 May 2007 14:13:34 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (179 lines)

Why are you "wrong in law"?

Iain Harrison
Information Governance Consultant
Leicester City Council
0116 252 7606



>>> Graham Donelan <[log in to unmask]> 25/05/2007 14:00 >>>
Dear Julie,

I don't think it's your responsibility to hand over the rental
agreement.

I have a somewhat similar query I was just about to post...

Member of Staff, let's call him A, is estranged from wife, let's call
her B.

B writes to us to tell us we need to tell A to sort out CSA payments
and asks us to tell her what we are doing about it.

We write letter to B acknowledging receipt of her letter but do not go
further as we will not enter into any further correspondence because
we
can not discuss a third party with her.

A's solicitor then writes to us and says we have been discussing A
with
B and that is a breach of A's data protection rights.

We write to solicitor noting that we have only acknowledged a letter
and have done nothing further. 

Solicitor asks for copy of acknowledgment letter. We refuse as it is
private correspondence between us and B and does not refer to A at
all.

Solicitor writes again, telling us we are wrong in law ("with
respect")
and we have to hand over the letter.

Any views?

Graham



Graham Donelan
University Secretary
Liverpool Hope University 
Telephone - 0151 291 3756
Fax - 0151 291 3855

Liverpool Hope University accepts no responsibility for this email,
its contents and any loss or damage 
arising in any way from the receipt or
use of this email and its attachments

>>> Julie Bee <[log in to unmask]> 25/05/07 13:46:49 >>>
Hello everyone,  a real corker of a Friday afternoon question coming
up,
sorry!
 
The query - A lady is joint owner of a property (but she doesn't live
there) with her soon to be ex husband and believes that the address
has
been used to secure school placements for her daughter and another
child.  
 
Her daughter, and the other child, do not live and have never lived at
the address.  She has not given her permission to use the property
address for their school admission applications and she does not wish
to
be party to a deception (the children have been offered a place at a
school based on us receiving this inaccurate information).
 
The lady has discovered that we hold a rental agreement in respect of
the property and that we used this as evidence (in good faith) to
secure
a place for her daughter.  The lady was unaware of the agreement which
is between her soon to be ex brother-in-law and a female who is the
mother of the second child....still with me?!
 
She has now asked for a copy of the rental agreement; I suspect this
to
do with points scoring in a divorce than anything else.
 
The question is - is she entitled to a copy of the agreement under DP
or
FoI?  Or neither? I'm really struggling with this and would really
appreciate other members' views.
 
Many thanks,
Julie
 

Julie Bee 
Complaints and Information Governance Manager 
Children's Services Department 
Darlington Borough Council 
Town Hall 
Darlington 
DL1 5QT 
Tel: (01325) 388979 
email: [log in to unmask] 

 
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