Data Protection Act 1998

I'm trying to get my head round a piece of law and wonder if anyone can help me.

Section 17(4) of DPA 1998 covers collation of information, not passing on of information.

Section 7 covers collation by an outside organisation but not the passing on of that information to another third party

Now given that most councils admit to using third party bailiff firms to enforce parking tickets, council tax etc.... where, legally, do the council get the right to pass your information to the third party bailiffs without breaching the DPA?

The article I was reading suggests that the DPA 1998 prevents councils collecting parking fines etc.... through third party bailiffs because of the above.

There's probably something very basic I'm missing, but it's making me think!

Any comments?

[righty]

Re: Data Protection Act 1998

Read section 29 of the DPA this allows your data to be processed without consent in matters of crime AND taxation However as unpaid parking charges are no longer subject to criminal law nor are they a tax then yes passing your details to bailiffs or any debt collector may be unlawful UNLESS there is a CCJ in place

[postggj]

Re: Data Protection Act 1998

interesting

would this also apply say with dvla and debt collectors (phillips for example) on sorn penalties, i forgot, they are not called fines

[Caspar]

Re: Data Protection Act 1998

Read section 29 of the DPA this allows your data to be processed without consent in matters of crime AND taxation However as unpaid parking charges are no longer subject to criminal law nor are they a tax then yes passing your details to bailiffs or any debt collector may be unlawful UNLESS there is a CCJ in place

Exactly. Totally accept the point over Council Tax thank you, but parking fines are not criminal offences. I know what the Road Traffic Act says, and that it directly contradicts the DPA, so where does that leave us? What other non-criminal areas could be covered? It just struck me that it might have significant implications.

[Caspar]

Re: Data Protection Act 1998

Birmingham City Council will not use your personal data for third party marketing purposes without your prior express consent.
It will not pass any personal data on to third parties, other than those who either process information on our behalf or because of a legal requirement, and it will only do so, where possible, after Birmingham City Council has ensured that sufficient steps have been taken to protect the personal data by the recipient.


This is one council's statement on it. I assume others will be similar. They admit to doing it, but where does the law say they are allowed to?

[Caspar]

Re: Data Protection Act 1998

Forgive my keeping on posting, BUT being in debt is NOT a criminal offence. So where do councils get their right in law to breach the DPA by passing on details to DCA's, bailiffs etc...?

[righty]

Re: Data Protection Act 1998

Forgive my keeping on posting, BUT being in debt is NOT a criminal offence. So where do councils get their right in law to breach the DPA by passing on details to DCA's, bailiffs etc...?

The point is they don't but they'll argue that its now normal/public policy allowing them to do their job with greater efficiency However when Manchester Council became aware that their bailiffs were linking consumers details with the police ANPR allowing the police to stop drivers over unpaid parking charges (with the excuse that unpaid parking charges usually mean that person is involved in other crime) the council warned the bailiffs that it was a breach of the DPA & to cease doing it

[Caspar]

Re: Data Protection Act 1998

The point is they don't but they'll argue that its now normal/public policy allowing them to do their job with greater efficiency However when Manchester Council became aware that their bailiffs were linking consumers details with the police ANPR allowing the police to stop drivers over unpaid parking charges (with the excuse that unpaid parking charges usually mean that person is involved in other crime) the council warned the bailiffs that it was a breach of the DPA & to cease doing it

So, bearing in mind I'm newish and on a steep learning curve, what, in your opinion, would be the council's response if you pointed out their breach of data protection by passing on a parking fine to a DCA?

I fight a lot of FPN's but have never done so on these grounds. Would also as already mentioned have implications if you pointed out to a finance company they were in breach of DPA by instructing a DCA or bailiffs - how would they respond do you think? Policy is not an excuse to break the law, it means they need to change their policy to comply with the law. I'm sure I can't be the first person to have thought of this - there must be precedents somewhere.

[Mac99]

Re: Data Protection Act 1998

Slightly off topic but in the same vein i.e. councils and DP. I bought my house 5 years ago and the council asked me what my previous address was. I replied that I had moved from outside the borough (which I had) to which the council said they had an agreement with other councils to keep each other informed of when people moved (presumably because of outstanding owed monies).

I replied was I legally obliged to tell them and the reply was no. I stated then I wouldnt tell them.

I had occasion to contact the council a few weeks later and the person said they had obtained the information from my solicitors.

My question is two fold; would such an arrangement between the councils contravene the said act and would the act be breached by the solicitors.

Regards
Mac

[Caspar]

Re: Data Protection Act 1998

Slightly off topic but in the same vein i.e. councils and DP. I bought my house 5 years ago and the council asked me what my previous address was. I replied that I had moved from outside the borough (which I had) to which the council said they had an agreement with other councils to keep each other informed of when people moved (presumably because of outstanding owed monies).

I replied was I legally obliged to tell them and the reply was no. I stated then I wouldnt tell them.

I had occasion to contact the council a few weeks later and the person said they had obtained the information from my solicitors.

My question is two fold; would such an arrangement between the councils contravene the said act and would the act be breached by the solicitors.

Regards
Mac

Not necessarily. Councils are allowed to keep information on a public database, which, by its name, is available for viewing by the public. Your solicitor may have breached the DPA by passing on your information to a third party though. I would also question WHY your council needed old data about you, why did they ask your solicitor for it? As I stated I'm newish to all this side of law and am just trying to find an answer to a question, which at the moment nobody seems able to supply. There is a section that deals with collating info, another that deals with collating info by a third party, but VERY strict rules about when the info can be passed on to a third party (-ie- if it involves crime or taxation offences). Have a read of the Act. It's readily available if you google it, and see what you think.

Re-reading your post, in answer to your first question about the arrangement between councils I'd need to go back to the Act, but they have to have, as I've said, good reason.

I suspect it cannot be a simple answer as I think someone would have answered it by now if it was!

Maybe we have just found another way in which councils etc.... act unlawfully.

[The Debt Star]

Re: Data Protection Act 1998

Good and useful post casper, thank you. A link to the Act would be useful.

[Caspar]

Re: Data Protection Act 1998

Here you go. Nothing too much trouble for you! Hope all's well, David


Data Protection Act 1998

[Mac99]

Re: Data Protection Act 1998

Thank you for those answers. My own thoughts are that yes a council may be allowed to keep personal information on a public database but a) this may contravene Human Rights and b) you would need to be a resident for that to be lawful. In the case of point b, the question is asked when you move to the borough and relates solely to where you moved from and as such has no bearing on being a resident in the new borough.

I suspect this is asked by Capita (for my own council) as they do an awful lot of work for other councils and possibly part of their remit may be debt, etc.

Interestingly I have just arranged a meeting with my solicitor about taking my council to court for breach of DP and will ask them the point about solicitors.

Regards
Mac

[righty]

Re: Data Protection Act 1998

Slightly off topic but in the same vein i.e. councils and DP. I bought my house 5 years ago and the council asked me what my previous address was. I replied that I had moved from outside the borough (which I had) to which the council said they had an agreement with other councils to keep each other informed of when people moved (presumably because of outstanding owed monies).

I replied was I legally obliged to tell them and the reply was no. I stated then I wouldnt tell them.

I had occasion to contact the council a few weeks later and the person said they had obtained the information from my solicitors.

My question is two fold; would such an arrangement between the councils contravene the said act and would the act be breached by the solicitors.

Regards
Mac

Your solicitor not only breached the DPA they also broke their duty to you in that they disclosed information without 1st getting your consent. This amounts to a breach of confidentiality which is very serious misconduct & even-though the SRA might consider no damage was done they should still consider the solicitors action as a serious breach of conduct

[Mac99]

Re: Data Protection Act 1998

Thanks for that, You are a mine of information.

Cheers
Mac