-----Original Message-----
From: Broom, Doreen
Sent: 02 July 2007 15:55
To: 'Bradshaw, Phillip'
Subject: RE: CT Data for Non-Criminal Purposes
Sorry have to disagree and the Information Commissioner does not oversee
LGFA - so if we disclosed personal information then we could leave
ourselves open to being sued and a hefty fine by the IC.
As Alan said previously Councils have to act within the law and we
certainly don't want to be the first to receive bad publicity.
This one will run and run..............
-----Original Message-----
From: Bradshaw, Phillip [mailto:[log in to unmask]]
Sent: 02 July 2007 15:45
To: Broom, Doreen; [log in to unmask]
Subject: RE: CT Data for Non-Criminal Purposes
Doreen says:
"2nd principle limited purposes." Agree this must be satisfied - no
incompatible purposes - but this is a separate issue
"But para.17(2)(b) makes it clear that information is 'relevant
information' if 'it is not personal information'. " Exactly. So personal
information is not "relevant information" and no Regulations can be made
under this para. about personal information. Since the para. has no
application to personal information, it cannot have any bearing on the
prohibition question, in respect of which it is so often erroneously
cited.
If an Act said :
1. The Secretary of State may make regulations to permit the keeping of
relevant animals in a private house
2. For the purpose of this section an animal is a relevant animal if it
is not a cat dog or budgie.
You would not conclude that this prohibited keeping cats dogs and
budgies in a private house, but that these did not need regulation.
Similarly personal information - it does not need regulation because it
is already covered by data protection.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 02 July 2007 15:14
To: Bradshaw, Phillip; [log in to unmask]
Subject: RE: CT Data for Non-Criminal Purposes
The whole point is though that the data is being processed for the
purposes of Council Tax and there is nothing to say it can be used for
anything else - 2nd principle limited purposes.
Para. 17 of Schedule 2 to the LGFA 1992 seems to prohibit the use of CT
data for secondary purposes. It provides that regulations may be made
allowing local authorities to supply 'relevant information' to any
person requesting it and may charge a fee for so doing. But para.
17(2)(b) makes it clear that information is 'relevant information' if
'it is not personal information'.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 02 July 2007 14:39
To: [log in to unmask]
Subject: Re: CT Data for Non-Criminal Purposes
This is one of course where Alan and I will simply have to agree to
differ.
Sch 2 Paras 17 and 18 of LGFA 92 do NOT contain any prohibitions - just
powers to make regulations, which some (probably now in a fairly small
minority) have interpreted to mean there is no power in the absence of
such regulations. Read them here ( http://tinyurl.com/yu6fe8 )
Regulation 18 is not relevant to this enquiry as it relates only to
carrying out functions under the Act.
Regulation 17 does not even apply to personal information (see 17(2)(b))
so its use to justify a prohibition on using personal information has
always been, at best, tenuous.
Even if the majority view is wrong, and I respect the views to the
contrary - although many were no doubt strongly influenced by the
now-withdrawn opinion of the Information Commissioner, I can be
comforted by the fact that the possibility of anyone ever having
sufficient locus to challenge on the grounds of lack of vires is
exceedingly remote.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Alan Stead
Sent: 02 July 2007 13:49
To: [log in to unmask]
Subject: Re: [data-protection] CT Data for Non-Criminal Purposes
Sorry I have been away for a couple of days and only just picked this
up.
We have discussed many times on this site the use of Council Tax data
and the ICO give advise that they will not take action from the DPA
point of view which is fortunate because it is not a DPA issue. They
also advice that they cannot guarantee that there is not another law
which prohibits sharing.
Unfortunately the LGFA 92 does prohibit sharing (Sch 2 Paras 17 and
18)and so it depends on how cautious you are. You could always risk it
and hope that the subject is not aware of the legislation but for me
this is certainly not an option (Public authorities have to comply with
the law ) so sorry Philip I must disagree with you on this one.
Alan
Alan Stead
Service Manager-Information Governance
Nottingham City Council
Guildhall
Burton Street
Nottingham NG1 4BT
Tel 0115.9154943
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 28 June 2007 14:53
To: [log in to unmask]
Subject: Re: [data-protection] CT Data for Non-Criminal Purposes
I am not convinced - sitting here with a Counsel's Opinion to the
contrary....
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 28 June 2007 14:18
To: [log in to unmask]
Subject: Re: CT Data for Non-Criminal Purposes
You will certainly not incur the wrath of the ICO who has now made it
clear he is not concerned with vires issues.
Your vires is in fact supplied by s62 LGA
(1) An ethical standards officer, or a person authorised by such an
officer, has a right of access at all reasonable times to every document
relating to a relevant authority which appears to him necessary for the
purpose of conducting an investigation under section 59 in relation to a
member or co-opted member (or former member or co-opted member) of the
authority.
I assume you have been satisfied that disclosure is necessary for the
purpose of the investigation - if not the issue does not arise.
If so - there is no prohibition in the Local Government Finance Act 1992
so if you are satisfied on the other grounds that this is fair, and
lawful I would simply not worry about LGFA.
I'm not convinced you even need concern yourself with s29 given the
clear terms of s62 LGA this looks like s35 (1) "disclosure is required
by or under any enactment"
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jackie Leesons
Sent: 28 June 2007 09:48
To: [log in to unmask]
Subject: [data-protection] CT Data for Non-Criminal Purposes
We have been approached by the Standards Board for England with a
request for Council Tax data pertaining to an investigation into a
breach of the Code of Conduct for members. I am not happy about
releasing the information using S29 or S35 of the DPA as the Local
Government Finance Act 1992 means we would still be open to a challenge
of disclosing personal data unlawfully. I would appreciate any thoughts
on this as I am struggling against the tide.
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