How about this:
"We will not normally investigate whether a public body’s sharing of
information complies with the wider elements of public law that apply to
it. We will rely on the public body to make its own assessment that it
meets the general requirements of public law. We will only consider
wider public law aspects where there seems to be obvious breach or
where there is a real likelihood of unwarranted detriment to individuals."
Source: Sharing Personal Information: Our Approach April 07 - on ICO website under Tools and Resources -Document Library - Data Protection.
regards
_________________________________________________
Carl Wiper
Corporate Information Manager
Bolton Council, Room 320, Town Hall, Bolton BL1 1RU tel: 01204 331031, mobile: 0778 903 1512
[log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 15 October 2008 14:51
To: [log in to unmask]
Subject: Re: [data-protection] Sharing of CT Information
Bradshaw, Phillip on 15 October 2008 at 12:53 said:-
> That opinion has been withdrawn and
> the ICO now makes it clear that providing other "fair and
> lawful" requirements such as adequate FPN are addressed he
> will take no position on public law vires issues.
Is there any publicly available record where the ICO states he will
not take any position on public law vires issues regarding the
processing of personal data?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Bradshaw, Phillip
> Sent: 15 October 2008 12:53
> To: [log in to unmask]
> Subject: Re: [data-protection] Sharing of CT Information
>
>
> Planning have no legal powers as they do not exist as a legal
> entity. The power and the information belongs to the Council.
>
> This is not data sharing - it is data usage by a single data
> controller and as far as the ICO is concerned can be done as
> long as it is (a) covered by your notification and (b)
> covered by adequate fair processing notices.
>
> The only remaining issue is vires and the vexed question as
> to whether vires is removed by a 'prohibition' in the LGFA.
>
> Alan pointed out "Counsel concede that the MOJ, DCLG and even
> the ICO agree that the
> LGFA'92 does not permit council tax data to be used for a
secondary
> purpose". There have been many previous discussions on this
> point and the issue is NOT clear-cut. At the end of the day
> we agree to differ.
>
> We certainly agree that the LGFA does not permit use of CT
> data for secondary purposes. Where we differ is that we (and
> many other councils) take the clear view that neither does it
> prohibit it - and is therefore irrelevant from the point of
> view of determining legality. We take our vires from LGA 2000.
>
> There used to be an ICO opinion supporting the view that LGFA
> prohibited secondary use. That opinion has been withdrawn and
> the ICO now makes it clear that providing other "fair and
> lawful" requirements such as adequate FPN are addressed he
> will take no position on public law vires issues.
>
>
>
>
> 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
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Nigel Roberts
> Sent: 15 October 2008 11:16
> To: [log in to unmask]
> Subject: Re: [data-protection] Sharing of CT Information
>
> I can see the desirability.
>
> But under what legal powers is the information disclosed to
> the Planning Department?
>
> For example, if /I/ as a man in the street asked, you would
> reply, we do not have the legal power to tell you.
>
> What legal powers do Planning have that I don't?
>
>
>
> Broom, Doreen wrote:
> > All
> >
> > Another point which just struck me - we are not actually sharing
the
> > CT information - we are being asked by Departments e.g. Planning
> > (relating to someone making an application for a grant) to
> run checks
> > against the CT information to find out if any debt is owed
> so we are
> > not actually sharing the CT information - we are just
> running checks
> > against it. I cannot see anyting wrong in that.
> > D
> >
> > */Doreen Broom/*
> > */Access to Information Officer/*
> > */Scottish Borders Council/*
> > */Corporate Resources - Corporate Administration/*
> > */Tel: 01835 826516/*
> > */e-mail: [log in to unmask]
> > <mailto:[log in to unmask]>/*
> >
> >
> >
> >
>
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> >
> >
> >
> >
>
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