JiscMail Logo
Email discussion lists for the UK Education and Research communities

Help for DATA-PROTECTION Archives


DATA-PROTECTION Archives

DATA-PROTECTION Archives


data-protection@JISCMAIL.AC.UK


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

DATA-PROTECTION Home

DATA-PROTECTION Home

DATA-PROTECTION  January 2010

DATA-PROTECTION January 2010

Options

Subscribe or Unsubscribe

Subscribe or Unsubscribe

Log In

Log In

Get Password

Get Password

Subject:

Re: Third party permission to disclose

From:

"Bradshaw, Phillip" <[log in to unmask]>

Reply-To:

Bradshaw, Phillip

Date:

Fri, 22 Jan 2010 17:31:43 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (219 lines)

Yes I would agree with that analysis - with one proviso - s
 Paul



Yes I would agree with that analysis - with one proviso - since 7(4)(a)

is mandatory if consent exists (but still doesn't mean you have to seek

it).



The proviso is the need to consider whether s9A(2) or s33A(2) applies in

a particular case to take it out of the SAR scope(probably not in the

specific examples).





Phillip Bradshaw



Information Manager 

Clerk to the Council



Room CY4A, County Hall



EMail: [log in to unmask]



Phone:         029 2087 3346

Mobile :        07890 265987 



Fax:              029 2087 3349



Information is the Currency of Democracy





-----Original Message-----

From: This list is for those interested in Data Protection issues

[mailto:[log in to unmask]] On Behalf Of Paul Ticher

Sent: 22 January 2010 16:22

To: [log in to unmask]

Subject: Re: [data-protection] Third party permission to disclose



Not particularly a response to Lawrence's contribution, but a general

one:



I think the DPA prioritises disclosure of third party material over

non-disclosure.  As I read it, s.7 (4) says (paraphrased) that if the

third party has consented to the disclosure you *must* disclose.  If

they have not consented (perhaps because you couldn't ask them, or were

confident that you could predict their response, or that there were no

possible legitimate

objections) you *must* disclose if it is reasonable to do so.  If they

have expressly withheld consent you must tread carefully, but even in

that case it may be reasonable to disclose without consent.



If I'm right, and the test of reasonableness trumps consent, then a lot

of subject access dilemmas become a lot easier.



I'd be interested to know whether I'm out on a limb here, or whether

others agree.



Paul Ticher

0116 273 8191

22 Stoughton Drive North, Leicester LE5 5UB





----- Original Message -----

From: "Lawrence Serewicz" <[log in to unmask]>

To: <[log in to unmask]>

Sent: Friday, January 22, 2010 4:05 PM

Subject: Re: Third party permission to disclose





Dear All,



I have been thinking about DP and Access to records legislation.  What

about 

a situation where someone wants to see a file note created on their

account. 

I will give two different scenarios. The first is social care, the

second is 

benefits.



In the first, someone calls social services and expresses concern to the



care worker about a relative.  They say that they are worried about how

the 

relative's partner is treating them and concerned about that they are

being 

cut off from their relatives.  The phone call is noted and then entered

on 

the social care file.  Social worker visits the client.  Client is told

that 

someone has called expressing concern about her. The Client then becomes



upset because she believes her family (or someone) is meddling and

making 

slanderous or libelous allegations about the partner and asks to see a

copy 

of the file note to seek legal action on the allegations.



The second is a couple split up and the husband moves out.  However, he 

leaves no forwarding address and they remain joint owners of the home. 

Council tax comes due and the wife calls the council and explains that

the 

husband moved on on x date so council tax should be reduced or he should

be 

pursued for his half.  File note is duly created noting the date husband



vacated home.  Husband is then pursued for his share.  He seeks copy of

file 

note wanting to know what it says and when it was entered. The content

is 

simply that the wife informed the council that he left the home on the

date 

nothing more.





Both have DP implications.  In the first, I could see redacting the 3rd 

party information and still supplying the information i.e. enough so

that 

they cannot identify the source.  In the second, the 3rd party is known

i.e. 

the wife so I cannot redact that in any way that the applicant would not



know the wife submitted the material. For example, we have a note on

your 

account showing you moved out on x date.  What? Who told you that? I

want to 

see the file note.



In the first I could proceed, but in the second would I be better using 

s.7(6)(a)? Or have I over analyzed the second and it is something that

would 

be routinely disclosable in any circumstance?



Any guidance would be appreciated.



Thanks



Lawrence





Durham City of Culture - Back the Bid: register at www.durham.gov.uk.



Help protect our environment by only printing this email if absolutely 

necessary. The information it contains and any files transmitted with it

are 

confidential and are only intended for the person or organisation to

whom it 

is addressed. It may be unlawful for you to use, share or copy the 

information, if you are not authorised to do so. If you receive this

email 

by mistake, please inform the person who sent it at the above address

and 

then delete the email from your system. Durham County Council takes 

reasonable precautions to ensure that its emails are virus free.

However, we 

do not accept responsibility for any losses incurred as a result of

viruses 

we might transmit and recommend that you should use your own virus

checking 

procedures.



^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

     All archives of messages are stored permanently and are

      available to the world wide web community at large at

      http://www.jiscmail.ac.uk/lists/data-protection.html

     If you wish to leave this list please send the command

       leave data-protection to [log in to unmask]

All user commands can be found at 

http://www.jiscmail.ac.uk/help/commandref.htm

 Any queries about sending or receiving messages please send to the list



owner

              [log in to unmask]

  Full help Desk - please email [log in to unmask] describing your 

needs

        To receive these emails in HTML format send the command:

         SET data-protection HTML to [log in to unmask]

   (all commands go to [log in to unmask] not the list please)

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 



^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

     All archives of messages are stored permanently and are

      available to the world wide web community at large at

      http://www.jiscmail.ac.uk/lists/data-protection.html

     If you wish to leave this list please send the command

       leave data-protection to [log in to unmask]

All user commands can be found at

http://www.jiscmail.ac.uk/help/commandref.htm

 Any queries about sending or receiving messages please send to the list

owner

              [log in to unmask]

  Full help Desk - please email [log in to unmask] describing your

needs

        To receive these emails in HTML format send the command:

         SET data-protection HTML to [log in to unmask]

   (all commands go to [log in to unmask] not the list please)

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^



**********************************************************************

Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind.  Opinions, conclusions and other information in this message that do not relate to the official business of the Council of the City and County of Cardiff shall be understood as neither given nor endorsed by it.  All e-mail sent to or from this address will be processed by Cardiff County Councils Corporate E-mail system and may be subject to scrutiny by someone other than the addressee.

**********************************************************************

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.

**********************************************************************


-- 
Scanned by iCritical.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Top of Message | Previous Page | Permalink

JiscMail Tools


RSS Feeds and Sharing


Advanced Options


Archives

September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
2006
2005
2004
2003
2002
2001
2000
1999
1998


JiscMail is a Jisc service.

View our service policies at https://www.jiscmail.ac.uk/policyandsecurity/ and Jisc's privacy policy at https://www.jisc.ac.uk/website/privacy-notice

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager