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 That opinion has been withdrawn and the ICO now makes it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/*
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