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DATA-PROTECTION  August 2013

DATA-PROTECTION August 2013

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Subject:

Re: Secondary Use of Council Tax Data

From:

Michala <[log in to unmask]>

Reply-To:

Michala <[log in to unmask]>

Date:

Mon, 19 Aug 2013 22:00:15 +0100

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Hi all,

Just wanted to say thanks very much for the references and links to DWP data sharing information which was very helpful for me in dealing with a request identical to the original poster.  The key bit I found was this:  

section 3.17 of the DWP Data Sharing Guide states that: ’Local HB/CTB data can also be used to market a non social security benefit/service, but customer consent must be obtained before the data is used to deliver that benefit/service.’

I've concluded that, as long as the privacy notice is broad enough in scope to permit the secondary use of data in this way, that the legal basis for sharing the names and addresses of individuals receiving means-tested benefits with another department internally is as follows:

1.	Data Protection Act 1998, schedule 2, section 5(b)
This condition states that ‘The processing is necessary for the exercise of any functions conferred on any person by or under any enactment.’
As LAs have a statutory function to promote domestic energy efficiency under the 1995 Home Energy Conservation Act (1995); this condition is engaged, as is legitimate interests for that matter.

2.	Local Government Act, section 111 Subsidiary powers of local authorities
'(1)Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.'

3.	Local Government Finance Act 1992, schedule 2, section 18
’Regulations under this Schedule may include provision that, in carrying out its functions under Part I or II of this Act, an authority may use information which—(a) is obtained under any other enactment; and (b) does not fall within any prescribed description of information which cannot be used.’

Have I interpreted this correctly or am I missing something?

Many thanks,

Michala

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