This sounds very like the one from landlords who make it a condition
of tenancy that the tenant gives consent for the Council to notify the
landlord of benefit details. In this case the ICO regards it as unfair
processing and the Dept of Health is investigating.
If it is unfair then I suppose the Council is in breach of section 27
by sharing the data without consent?
Regards
Alan
Alan Stead
Director
IMTS
Information Management Training Services Ltd
Ravenshead
Nottingham
01623 400497 or
07882 241908
Quoting Lawrence Serewicz <[log in to unmask]>:
> Dear All,
> I am trying to get my head around the following scenario. The case
> involves sensitive personal information as defined by Schedule 3.
>
> Organisation A has an application form for its members and on it
> there is a bullet point stating that they, the applicant, "gives
> their permission to the Council to notify Organisation A of any
> future change of address." The application form is then sent from
> Organisation A to the Council. A year later, Organisation A
> returns and asks for an update of addresses changes within the year
> based upon this consent form being submitted.
>
> My question is this, does that make the Council the data processor
> for Organisation A? If not, what is the relationship? Is there any
> obligation to comply with the permission requests? That the Council
> is given permission does not require it. Also, that the permission
> is given to Organisation A, does that bind the Council in any way?
>
> The application form does not have an opt in or out clause so that
> the applicant cannot choose not to have the Organisation A be made
> aware of address changes. As this involves sensitive personal
> information, would such a consent form satisfy the requirement for
> informed consent freely given? I have my doubts, but at the same
> time, is that something for the Council to be concerned with or is
> it for the Organisation A to resolve?
>
> I cannot get my head around the fact that the Council has to update
> organisation A about its own members and their whereabouts? Would
> this have to be covered by the privacy notice or FPN that the
> Council would have for its employees so that those covered by this
> issue would be aware that the Council would update in this way?
>
> Any advice on or off the list would be appreciate as I a tying
> myself in knots trying to unravel the data controller from the data
> processor and whether an information sharing agreement may resolve
> this or what.
>
> Thanks
>
> Lawrence
>
>
> Principal Information Management Officer
> Durham County Council
> Room 4/140
> County Hall
> County Durham
> DH1 5UF
>
> 0191-372-8371
> VPN 7777 8371
>
>
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