I would argue that if it is fair and lawful processing under Principle
1, you wouldn't need to consider Principle 2.
Local authorities have a duty to investigate complaints of noise where
it comes from a domestic or commercial premise, a vehicle alarm or
mechanical equipment (not traffic) under the Environmental Protection
Act 1990 Part III - Statutory Nuisance and the Noise Act 1996.
E
Edwina Withe
Information Compliance Officer
Legal Services
Bracknell Forest Borough Council
Easthampstead House
Town Square
Bracknell
Berks
RG12 1AQ
Tel: 01344 353071
www.bracknell-forest.gov.uk
>>> "Hitches, John F" <[log in to unmask]> 28/06/2007 10:14 >>>
Edwina Withe wrote
>Not criminal, but likely to be a valid request under Environmental
Health legislation and >therefore "disclosable".
>
>My view is that in deciding whether this disclosure is fair
processing
(Principle 1) you will >need to consider the conditions relevant for
processing under Schedule 2; specifically >Condition 3, Condition 5
(b)
>and (d) and Condition 6(1).
6(1) may be relevant but I am not clear that the University is under
any
legal obligation to meet 3 nor is processing under 5(b) appropriate
for
our processing in releasing the data although it may cover the EHD's
subsequent processing.
Of the responses received so far (thank you to all who have responded
on
or off list) the consensus seems to be that, unless either section 29
or
35 can be used (which is unlikely at this early stage) there are no
grounds for release under Schedule 2 except possibly 6(1) but then the
first and second principles need to be considered and are unlikely to
be
met.
John Hitches
Kingston University
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