There is however, the impact of Article 8 to be considered. Outside of
the Data Protection Act, but, I suggest, an argument would be raised
that any provision of the DPA must be construed purposive to give effect
to a data subjects Art. 8 rights
Where information is collected it automatically engages the right to
private and family life. This is not automatically wful as it is a
qualified Convention right. But the collection must be judged according
to the following questions.
Is it in accordance with law (There must be a statutory or common-law
provision authorising it).
Is is necessary in a democratic society ? (The test of necessity, not
just of convenience).
Is it proportionate. (The test of proportionality -- is it 'over the op'
for the purpose to be achieved).
Most if not all of a public authority's data collection must obviosbly
pass every one of those tests.
Now apply the tests to 'using the data for a different purpose'. (It
doesn't need to amount to sharing with third parties).
And the answer is now non-obvious.
It will depend on the facts in each specific case.
Simon Howarth wrote:
> "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."
>
> You took the words right out of my mouth. I often wonder if public bodies
> take the DPA and associated legislation a little too narrowly. My view is
> that no sharing has taken place, although many public organisations worry
> about "sharing" internally (NHS is a pain for this).
>
> Now if another council was asking similar questions, then there is another
> data controller involved and so DPA becomes much more relevant....
>
> Simon Howarth.
>
>
> -----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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