My ten cents worth if I may. Debt collectors and private investigators
constantly try gathering information using this section. If they are
acting for a client then they should have been instructed under DPA regs
and the legal relationship of Data Controller and Data Processor
created. If they have been so instructed why are they asking for the
information and not the data controller unless the data controller has
specifically mentioned this course of action in their instructions. If
they have not been instructed correctly then are they a data controller
and if so what condition in schedule 2 have they satisfied to be
processing this personal data. I cant see that they could justify it. If
I am correct then they would be breaching 1st Principle. Where would
that leave the public authority if they released personal data to
someone who is breaching the DPA by asking for it.
If it goes pear shaped surely the Public Authority could be held
responsible or at least share some of the responsibility.
Going back to another posting if they are data processor then they
wouldn't need to notify the IC.
In conclusion let me leave you with another question. If the debt
collector had bought the debt and he is now collecting it on his own
behalf would he be data controller or data processor.
For what it is worth and with some experience of the knowledge of DPA
that these guys generally speaking possess I would advise that
information never be disclosed to them.
Chris Brogan
Managing Director
Security International Ltd
130 St Johns Road, Isleworth, Middlesex TW7 6PL, UK
Tel: +44 20 8847 2111 Fax: +44 20 8847 1852
Registered in England & Wales No. 1322074
Registered Office: 11 Loveday Road, London W13 9JT
www.securitysi.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ben Plouviez
Sent: 16 July 2008 14:46
To: [log in to unmask]
Subject: Re: Disclosure of a student's details to Debt Collectors
More than that - you have to be sure that the disclosure is "necessary"
for those legal proceedings - and, if you're not directly involved in
the proceedings, I don't see how you can take anyone else's word for
that. So I would release only when the debt collectors produce a
warrant, subpoena or court order to produce.
-----------------------------------------------------------------
Ben Plouviez
Head of Information Services
The Scottish Government
Telephone: 0131 244 4272
www.scotland.gov.uk
-----------------------------------------------------------------
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of simon howarth
Sent: 16 July 2008 12:48
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure of a student's details to Debt
Collectors
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My understanding of the question is that the institution has been asked
to supply the details of a defaulting student by a council/landlord/debt
collection agency. If this is the case, then I fail to see how Section
35 can be used to supply the information unless there is proof of legal
proceedings. If they are just asking for information and it is "assumed"
or "presumed" that the requestor is legit' without proof, then I don't
think S35 is justified and the student is right to be peeved.
I would also never "assume" where information privacy right are
concerned!
Simon Howarth.
Quoting "Bradshaw, Phillip" <[log in to unmask]>:
> I'm not sure I understand the question.
>
> If one of your functions is collecting these accounts then you do not
> need to invoke s35 to instruct an agent to do this work on your
behalf.
>
> Your responsibility is essentially under principle 7 - ensure anyone
> you instruct has a DP registration, has appropriate safeguards in
> place and does not use methods which breach DPA.
>
>
> Phillip Bradshaw
>
> Information Manager
> Clerk to the Council
>
> Room CY4B, County Hall
>
> EMail: [log in to unmask]
>
> Phone: 029 2087 3346
> Mobile : 07890 265987
>
> Fax: 029 2087 3349
>
> Proactive Publishing Promotes Positive Perceptions
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>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of PETER SELENIC
> Sent: 16 July 2008 08:59
> To: [log in to unmask]
> Subject: [data-protection] Disclosure of a student's details to Debt
> Collectors
>
> Whilst we make no specific reference to Debt Collectors the College
> has assumed that S35 would permit this disclosure of a student's
> details, where that student has repeatedly ignored requests to settle
> his outstanding balance.
>
> This student is now challenging this disclosure.
>
> Would this challenge be seen as legitimate.
>
> As yet I do not know the full details of the circumstances or the debt
> collectors involved but I assume them to be legitimate and
"respectful"
> (No early morning knocks on doors etc)
>
> Regards
>
> Peter Selenic
>
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