council tax single persons discount review/ experian/equifax???????

[miliitant]

i have just received a letter stating that my local council are checking on people who are claming single persons discount on their council tax.

the council are using an external agency called capita local goverment services. now why does that name start to ring bells, tv licence for a start. (big brother again)

it states

DATA FROM OTHER SOURCES AND DETAILS OF CREDIT APPLICATIONS MADE AT YOUR ADDRESS WILL BE REVIEWED IN THIS PROCESS.

IT ALSO STATES A TELEPHONE INTERVIEW OF YOUR CIRCUMSTANCES MAY BE NECESSARY AS PART OF THE VALIDATION PROCESS.

for a start

where has the council authority to release my personel data to an outside agency, let alone do a check with the credit reference agency without my express permission

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

what about the Human Rights Act

RESPECT FOR YOUR PRIVATE AND FAMLY LIFE

The right to a private life means that you have the right to carry on your life privately, without government interference, as long as you also respect the rights of other people.

personal information about you (including official records, photographs, letters, diaries and medical records), should be kept securely and not shared without your permission,

[bluebottle]

Re: council tax single persons discount review/ experian/equifax???????

Local authorities share information about ratepayers with other agencies in order to provide services and to prevent fraud. As long as they inform you as to how they intend to use your personal information and that the Data Protection Act 1998 will be complied with, they are acting within the law.

Capita, as a company, has a history of incompetence and have earned themselves the unenviable title of "Cock-Up Kings". Things they have cocked-up include -

Criminal Records Bureau (CRB)
London Congestion Charging
TV Licensing

to name but a few. In respect of the CRB, they have made some very serious mistakes that have wrecked people's lives, arrogantly asserting they "almost got it right", but refusing to pay compensation.

I would be wary of your local authority allowing Capita to handle your personal information, taking account of their history of incompetence. It might be worth writing to the CEO of your local authority, citing concerns about Capita handling your personal information, given their history. Don't be surprised if you get a reply back singing Capita's praise, but you could pre-empt that by citing the cock-ups at the CRB.

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

QUOTE

Local authorities share information about ratepayers with other agencies in order to provide services and to prevent fraud. As long as they inform you as to how they intend to use your personal information and that the Data Protection Act 1998 will be complied with, they are acting within the law.

i accept what you are saying but the credit reference agency are a commercial organisation who will no doubt update their records from what the council inform them off

i have not given my authorisation to the local authority, let alone capita to use the credit ref agency

but i still ask the question

what STATUTE LEGISLATION allows local authority to pass my personel data to be processed by an external commercial organisation

be it capita or the credit agency

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

I AM GOING TO SEND THE COUNCIL THIS AND WOULD WELCOME COMMENTS

FREEDOM OF INFORMATION ACT 2000

Dear XXXX XXXX Council


After receiving your letter today in regards to the council tax single persons discount review, i feel compelled to do a Freedom Of Information Act Request. Can you please tell me,

1/ By what statute legislation are you relying on to pass my personnel data without my consent to an outside commercial agency. (CAPITA)

THE REQUEST ABOVE IS THE ACTUAL STATUTE LEGISLATION AND NOT CODES OF PRACTICE OR GUIDANCE

2/ By what statute legislation allows XXX XXXX Council or its agents access to my personnel Credit Reference Files without my consent.

3/ By passing out my personnel data to outside agencies, does XXXX XXXX Council receive any payment or remuneration by the recipient

4/ In section 1 of your letter, council tax single person discount review, am i obliged under statute legislation, and if so, what statute legislation, to divulge my contact telephone number or email address to XXX XXXX Council or its agents CAPITA.

5/ By what statute legislation are XXXXX XXXX Council in the above practices, are not in contravention of

Article 8 of the Human Rights Act

RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

The right to a private life means that you have the right to carry on your life privately, without government interference, as long as you also respect the rights of other people.

that personal information about you (including official records, photographs, letters, diaries and medical records), should be kept securely and not shared without your permission, except in certain circumstances.

REGARDS

[bluebottle]

Re: council tax single persons discount review/ experian/equifax???????

That seems fine to me, Militant. Let us know what sort of response you receive back.

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

that i will

it all helps

[labman]

Re: council tax single persons discount review/ experian/equifax???????

Sorry to be picky, but please change personnel to personal all the way through. These things always have more authority if the spelling is correct. Sorry to be so nit picking, but it will make a difference as to how they view you.

It will be interesting to read their reply, though I think you will find the legislation that gives them this right is the very legislation you are using to try to stop them, the Data Protection Act. The Scedules attached to the act allow for processing of personal data in certain circumstances. If you have a look at the policies of Lancashire and Cambridgeshire County Councils, as just two examples, I think you will see they are not only allowed to do this, but often have a statutory obligation to do so.

I think a more pertinent question would be not what gives them the legal right to do this, but why, if they are doing it under the guise of a statutory obligation, do all councils not do it?

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

thanks labman

microsoft office again, i realy do need to sort out the settings

but as stated

ill post up the reply in full on receipt

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

tell me labman

even under the scedules of the Data Protection Act, their must still be legislation (limits) on how they use the act

they just cannot use a "carte blanche" approach

i am after where it states councils have a statutory obligation in law, not hearsay

[bluebottle]

Re: council tax single persons discount review/ experian/equifax???????

Speak to the Information Commissioners Office (ICO). They are responsible for enforcing data protection and FOI matters. They should be able to give you some guidance. Their website is at Data Protection and Freedom of Information advice - ICO. Please be aware that their helpline does get busy at times.

[labman]

Re: council tax single persons discount review/ experian/equifax???????

There are limits as to how far they can go. That is why I suggested that if they claim it is a statutory obligation, why are all councils not bound by the same statutory obligation. Looking at it from the diametrically opposite point of view, if they do have an obligation, does that mean other councils are neglecting their statutory obligation by not doing these checks?

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

while i await the response to my freedom of information act request ill run some poss sinario

no doubt the council will come back and state that they are passing my data out to capita is exempt under the data protection act as it is being used to eliminate fraud, terrorism, pigs flying,whatever. i will challenge that later.

now i will use article 8 of the human rights act as stated above.
now how does this fit into common law and duty of confidentiality.

The important word in Article 8 of the human rights act, is “necessary”. The Council should only intervene when it is necessary and this means we have to make sure that sharing or disclosing personal information is proportionate to meet one or more of the legitimate aims. A simple way to express this is that we should not use “a sledgehammer to crack a nut”. It is a balancing act between protecting privacy whilst making sure that we also protect you and/or others who may be affected by your actions

confidentiality is a qualified right

the point i am making is why are local authorities using outside commercial organisations to share my data, when their is no qualified right (probable cause) or suspicion to instigate the release of my data and if the do it to me then they must do it to every body who receives the single persons discount

The Common Law duty of Confidentiality requires that unless there is a statutory
requirement or other legal reason to use information that has been provided in
confidence, it should only be used for purposes that the subject has been informed
about and has consented to.

so the way i read that is

IF YOU FAIL TO RETURN THE FORM TO CAPITA WITH YOUR DETAILS ON THEN THEY CANT PROCESS YOUR DATA UNDER CONFIDENTIALITY

[labman]

Re: council tax single persons discount review/ experian/equifax???????

Keeping quiet and watching both threads with interest!

[miliitant]

Re: council tax single persons discount review/ experian/equifax???????

Dear Mr xxxx

FreEdom of Information Act 2000
Ref: XXXX

Thank you for your emails dated 8 May 2012 and 14 May 2012. I can confirm that the department has now completed a search for the information you requested. A copy of the information is marked in red.
Freedom Of Information Act 2000

DEAR SIR/MADAM

under the above act, can XXXXXX Council confirm the following with reference

CONFIRMING SINGLE PERSONS OCCUPANCY FOR COUNCIL TAX REBATE

1/XXX has confirmed that it is using an outside agency to verify single person occupancy, these agencies are Capita and the credit agencies
That is correct - this is being done as a County wide initiative in XXXX.

2/ Can XXX confirm if these outside agencies retain or delete the data supplied to them by ZZZZ after confirmation the council tax payer is entitled to the 25 % discount.Capita retains the data for a fixed period agreed with ZZZZ following the end of the SPD review. After that time the data will be securely deleted.

3/ Do these outside commercial agencies Capita and the credit agencies retain the data supplied by XXX on individual council tax payers or update their own database. Capita retains the data for the duration of the review and for the retention period agreed with XXX. During the review a secure database specific to the SPD review is updated as the review progresses.

4/ Does XXX receive any remuneration from these agencies, Capita and the credit agencies on processing or retaining data on personal council tax payers from CDC, and if so, the amount received from Capita and all/any of the credit agencies
No.

FREEDOM OF INFORMATION ACT 2000

Dear XXXX Council

After receiving your letter today in regards to the council tax single persons discount review, i feel compelled to do a Freedom Of Information Act request. Can you please tell me,

1/ By what statute legislation are you relying on to pass my personnel data without my consent to an outside commercial agency. (CAPITA)

THE REQUEST ABOVE IS THE ACTUAL STATUTE LEGISLATION AND NOT CODES OF PRACTICE OR GUIDANCE
The Local Government Finance Act 1992 and Data Protection Act 1998

2/ By what statute legislation allows Cherwell District Council or its agents access to my personnel Credit Reference Files without my consent.
The Local Government Act 1992 and Data Protection Act 1998

3/ By passing out my personnel data to outside agencies, does XXXX Council receive any payment or remuneration by the recipient
No

4/ In section 1 of your letter, council tax single person discount review, am i obliged under statute legislation, and if so, what statute legislation, to divulge my contact telephone number or email address to Cherwell District Council or its agents CAPITA.
There is no statute obligation to provide that information although we are permitted to ask for it under the Local Government Finance Act 1992

5/ By what statute legislation are Cherwell District Council in the above practices, are not in contravention of

Article 8 of the Human Rights Act

RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE

The right to a private life means that you have the right to carry on your life privately, without government interference, as long as you also respect the rights of other people.

that personal information about you (including official records, photographs, letters, diaries and medical records), should be kept securely and not shared without your permission, except in certain circumstances.
Article 8. Right to respect for private and family life

1Everyone has the right to respect for his private and family life, his home and his correspondence..
2There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
XXXXXX Council is enabled by the Local Government Finance Act 1992 to carry out reviews for discounts and exemptions. It is also able to enforce a penalty where false information has been provided. Under Data Protection Act 1998 Schedule 2 paragraphs 5 and 6, data can be processed for the following reasons
5 The processing is necessary-
(a) for the administration of justice,

(b) for the exercise of any functions conferred on any person by or under any enactment,

(c) for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

(d) for the exercise of any other functions of a public nature exercised in the public interest by any person.

Therefore, the Council and its agents are acting within the constraints of the Local Government Finance Act, Data Protection Act and Human Rights Act. In effect, the Human Rights Act does not over ride the primary legislation which allows the Council to undertake discount reviews and the processing of such data that is necessary to carry out that function.

If you are not satisfied with this response, you may appeal to the Council's Freedom of Information Officer at the above address or at XXXX. If you are still not satisfied with the Council’s response you are advised to contact the Information Commissioner directly at the Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or on mail@ico.gsi.gov.uk. Under Section 50 of the Act you may apply to the Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of Part I of the Act.


THIS IS THE REPLY TO MY FOI REQUEST ON MY LOCAL COUNCIL


2/ Can XXX confirm if these outside agencies retain or delete the data supplied to them by ZZZZ after confirmation the council tax payer is entitled to the 25 % discount

.Capita retains the data for a fixed period agreed with ZZZZ following the end of the SPD review. After that time the data will be securely deleted.

3/ Do these outside commercial agencies Capita and the credit agencies retain the data supplied by XXX on individual council tax payers or update their own database.

Capita retains the data for the duration of the review and for the retention period agreed with XXX. During the review a secure database specific to the SPD review is updated as the review progresses.

THAT HAS ALARM BELLS RINGING FOR A START