section of the 1998 Data Protection Act

[him and her]

Hi Folks,

Basically I am have a complaint in progress with my local council, about a breech of the data protection act, my question is;

Where in the 1998 Data Protection Act does it forbid / disallow a data controller to give 'sensitive information' to a un-authorised third party

I know it's there somewhere but i cant seem to find it........

Any ideas??

[charitynjw]

Re: section of the 1998 Data Protection Act

http://www.legislation.gov.uk/ukpga/1998/29/schedule/3 ?

[jon34]

Re: section of the 1998 Data Protection Act

Hello Him and Her and welcome to legal Beagles.

Would it be possible to give a brief Idea as to what this complaint refers to, of course removing any Identifiers of yourself and the council involved. It would help tremendously .

[him and her]

Re: section of the 1998 Data Protection Act

Here's a basic outline,

I completed a severe mental health impairment form (relates to council tax) (as i have a qualifying condition) the form was duly sent to my gp for verification (no problem so far) then the discount was awarded 25% off council tax, my problem starts when the council sent a completed copy of the form to a third party.

said council are trying to wriggle out of admitting any wrong doing

[Amethyst]

Re: section of the 1998 Data Protection Act

Who was it disclosed to? ( was it another council / govt dept or an outside company/person )

[jon34]

Re: section of the 1998 Data Protection Act

Here's a basic outline,

I completed a severe mental health impairment form (relates to council tax) (as i have a qualifying condition) the form was duly sent to my gp for verification (no problem so far) then the discount was awarded 25% off council tax, my problem starts when the council sent a completed copy of the form to a third party.

said council are trying to wriggle out of admitting any wrong doing

Does the third party involve an Employer or landlord ? By the way you do not have to answer that question if you do not feel comfortable in doing so.

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Who was it disclosed to? ( was it another council / govt dept or an outside company/person )

sorry our posts crossed

[him and her]

Re: section of the 1998 Data Protection Act

outside person, council are saying;

LGFA 1992, s.6(4), as amended by s. 74 Local Government Act 2003 (effective 1/4/04)

Civil Partnership Act 2004, Sch 27, para. 140

SI 1992/613 The Council Tax (Administration and Enforcement) Regulations 1992

gives them permission to send a completed copy of the form to this third party

[jon34]

Re: section of the 1998 Data Protection Act

outside person, council are saying;

LGFA 1992, s.6(4), as amended by s. 74 Local Government Act 2003 (effective 1/4/04)

Civil Partnership Act 2004, Sch 27, para. 140

SI 1992/613 The Council Tax (Administration and Enforcement) Regulations 1992

gives them permission to send a completed copy of the form to this third party

We do not know who the third party is....

However if they are not regulated by the Data Protection Act or the rights under this Act then something is wrong somewhere

[jon34]

Re: section of the 1998 Data Protection Act

outside person, council are saying;

LGFA 1992, s.6(4), as amended by s. 74 Local Government Act 2003 (effective 1/4/04)

Civil Partnership Act 2004, Sch 27, para. 140

SI 1992/613 The Council Tax (Administration and Enforcement) Regulations 1992

gives them permission to send a completed copy of the form to this third party

May I ask. without infringing on your personal circumstances, why you feel that this has breached the data principles and how this has effected your rights.

It may help with helping you

[Amethyst]

Re: section of the 1998 Data Protection Act

I'd ask the same as Jon, those sections don't give the authority the right to disclose the information, I suspect they may be using them to justify why the disclosure was made rather than answer your complaint about the disclosure. You said you have a complaint ongoing - are you in discussion with the ICO at all while going through the complaint process ?

[him and her]

Re: section of the 1998 Data Protection Act

My argument is without either my permission, a judges order, a law authorising them or a power of attorney. The council should not be sending my data anywhere full stop.

Feel free to tell me if i am missing something...

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yes, the ico are involved but until the complaint has runs it's course, the ico will not step in..

[Amethyst]

Re: section of the 1998 Data Protection Act

They are entitled to share with, for example, the Housing Benefit department, Audit Commission and so on.

They wouldn't be allowed to send a copy of the form you completed to, for example, your employee or your landlord etc.

[him and her]

Re: section of the 1998 Data Protection Act

I understand they will send data to different departments within the council, I have no problem with this, My issue begins when the third party is a individual who in my opinion should not have been sent a completed copy of this form.

[Amethyst]

Re: section of the 1998 Data Protection Act

Okay. Once the council have given their final response the ICO can get involved. However if the council are continuing to disclose your data the ICO should be able to get involved immediately. The type of data and circumstances in which it can be disclosed is covered by sch 3 of the data protection act and the principles in full are in sch 1.

[jon34]

Re: section of the 1998 Data Protection Act

I understand they will send data to different departments within the council, I have no problem with this, My issue begins when the third party is a individual who in my opinion should not have been sent a completed copy of this form.

Is this an Individual within the council ? Or an Individual outside the scope of the Data Protection Act .? .

May I ask ? could this be in relation to an abusive Ex Partner. If so then I can appreciate the answers . If that is the case I can understand your reluctance to give further info. But you are going to be helped out