Data Protection Act 1998
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1 Data Protection Act 1998 The Data Protection Act 1998 seeks to strike a balance between the rights of individuals and the competing but legitimate interests of those using personal information. As such the Act bestows a duty on all bodies, when processing personal data to protect it from unauthorised use. It further poses restrictions on matters such as the length of time information can be retained for and limits how the information can be used. Under this Act City Council is obliged to provide information requested by the subject of the information with 40 working days of the request. REQUESTING INFORMATION ABOUT OTHERS Police HM Revenue and Customs Child Support Agency Health and Safety Executive Official Receiver Solicitors or another acting on your clients behalf Solicitor acting on your client behalf, but asking for another s data
2 Police requesting information about another. Section 29 of the Data Protection Act 1998 Or Section 35 of the Data Protection Act 1998 with another statutory power that permits the disclose of information such as Section 115 of Crime and Disorder Act 1995 Disclosures to the Police are not compulsory except in cases where the council is served with a Court Order requiring information. However, Section 29 of the Data Protection Act 1998 does allow the council to release information to the Police without the consent of customers or members of staff in limited circumstances. Such disclosures will only be made to the Police if the following test is confirmed. Note: City Council will be looking for an authorisation of this request from an officer of rank Inspector or above. Section 29 Test: Two strand test that must be addressed in your application form a) The prevention or detection of crime b) The apprehension or prosecution of crime c) The assessment or collection of any tax or duty of any imposition of a similar nature Non-disclosure would be likely to prejudice you investigations Two strand test that must be addressed in your application form State that you are invoking section 35 as exemption to the Data Protection rules Explain which other enactment (detailing the section) that you rely on to request the information. 1) Complete the application form and answer all the questions 2) City Council foi.requests@southampton.gov.uk
3 HM Revenue and Customs requesting information about another. Section 35 of the Data Protection Act 1998 AND Section 18(A) Taxes Management Act 1970 However, there will be an additional statutory power that relates to each information request based on the facts of the investigation. This power will need to be included in the application request. The Inland Revenue have extensive statutory powers under the Taxes Management Act 1970 which require City Council to supply information relating to payments and other personal information made to the individual. Two strand test that must be addressed in your application form State that you are invoking section 35 as exemption to the Data Protection rules Explain which other enactment (detailing the section) that you rely on to request the information. City Council
4 Child Support Agency requesting information about another Section 35 of Data Protection Act 1998 AND There are various powers retained by the Child Support Agency. Examples are: Section 14 Child Support Act 1991 Section 3 of Child Support (Information, Evidence and Disclosure) Regulations 1992 The Child Support Agency has extensive statutory powers to require information about relevant persons. Where disclosure is required to be made by Child support legislation it will not be in breach of the DPA This would be the case even though the data subject may object to the disclosure or may not have provided any specific permission to the CSA to disclose the information. The CSA obtains information from and about Non Resident Parents and Parents with Care under its statutory powers to do so. Test: Two strand test that must be addressed in your application form. State that you are invoking section 35 as exemption to the Data Protection rules. Explain which other enactment (detailing the section) that you rely on to request the information and fulfil any relevant test. Strand Three Explain that the information is needed to enable a decision to be made as to whether, in relation to an application for a maintenance assessment [calculation], there exists a qualifying child, an absent parent [a non-resident parent] and a person with care. City Council
5 The Health and Safety Executive requesting information about another. Section 35 of Data Protection Act 1998 AND Section 20(1) and (2)(a-m) of the Health and Safety at Work Act 1974 Under this Act an inspector investigating a case can request from the authority disclosure of various documents or seizure of any articles or substances found in any premises which he has the power to enter. Test: Two strand test that must be addressed in your application form. State that you are invoking section 35 as exemption to the Data Protection rules. Explain which other enactment (detailing the section) that you rely on to request the information and fulfil any relevant test. City Council
6 An Official Receiver requesting information about another. Section 35 of Data Protection Act 1998 AND Section 236, 366 and 433 of the Insolvency Act 1986 Section 236 gives the court the power to summons, to a private examination, any person thought to be capable of giving information about the affairs of a company in liquidation. Section 366 provides for the private examination of the bankrupt (or his spouse or former spouse, or third parties believed to be in possession of the bankrupt s property or information about his affairs). Under section 433 any statement made under s236/s366 may be used in any proceedings (whether or not under the Insolvency Act 1986) brought against any person making or concurring in the making of the statement but it may not be used as evidence against anyone else (Re Norwich [1884] 27 ChD 515) (but see later paragraph 47.58) Test: Two strand test that must be addressed in your application form. State that you are invoking section 35 as exemption to the Data Protection rules. Explain which other enactment (detailing the section) that you rely on to request the information and fulfil any relevant test. City Council
7 Solicitors or another requesting information on behalf of their client. Any person can authorise another to deal with their affairs. This is commonly used in a Solicitor/Client relationship. Data Protection rules recognise this and therefore the same authorisation can be used to authorise another to request and receive information on their behalf. In order to do so the Council must be provided with a written statement of authority from his client, stating that the solicitor is acting on the clients instructions, the clients personal data can be disclosed to the solicitor, in accordance with the DPA Below is a standard form as a guide. ICO Legal Services City Council (Your Address).. Date: To the I, (insert your name) authorise, (insert the name of the person who is to deal with your affairs) to request and receive any information about me held by (department name) department in City Council, in particular relating to (insert subject eg. Council Tax). All correspondence relating to (insert name) resides at: (insert address) Yours faithfully Signed City Council
8 Solicitors requesting information on behalf of their client about another. Legislation: Section 35(2) Data Protection Act 1998 The Act provides that non-disclosure provisions can be are waived where the collation of the information is in connection with legal proceedings or is otherwise necessary for establishing, exercising or defending legal rights. However, even though this exemption has been provided under the Data Protection principles there is no compulsion to disclose. Therefore City Council may choose not to disclose the information sought pending authorisation from the Subject of the information. Test: Highlight that the request for information is made under Section 35(2) of the Data Protection Act 1998: 1) To be used in connection with legal proceedings; 2) Necessary for establishing, exercising, or defending legal rights City Council
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