Divisional Court
| Date | 01 October 2002 |
| Published date | 01 October 2002 |
| DOI | 10.1177/002201830206600504 |
| Author | Nick Taylor |
| Subject Matter | Article |
Divisional Court
Recklessness of Council's 'use' of Personal Data
Information
Commissioner
v
Islington
Borough
Council
[2002] EWHC
1036,
The
Times
(3
June
2002)
In 1998
and
1999 B was asked to provide proof of his council
tax
payments
in
support
of
an
application for legal aid. He asked
the
council
to
send
such
proof to
the
address of his solicitor. The council recorded
the
solicitor's address
on
its
computer
as B's address
and
used
it to
send
letters to B
demanding
further
payments
of council tax. The solicitor,
concerned
that
his address
might
appear
on a list of debtors,
informed
the
council of
their
error. The council
took
no
action
and
in
November
1999 a
summons
was issued for
non-payment
of council tax
and
sent
to
B at
the
solicitor's address. The solicitor complained to
the
Information
Commissioner regarding breaches of
data
protection
principles. It was
then
discovered
that
the
council's
entry
in
the
data
protection
register
had
lapsed for seven of
the
purposes for
which
it collected
information.
The council stated
that
the
Finance Director
who
had
dealt
with
registra-
tion
had
now
left
and
failed to advise
others
that
the
registration
required
renewal.
In
February
2002
the
deputy
district
judge
dismissed
on
asubmission
of no case seven charges laid against
the
council for an
unauthorised
use
of
personal
data
held
on a
computer
contrary
to s. 5 of
the
Data
Protection Act 1984. Section 5stated:
(1) A person shall not hold personal data unless an entry in respect of
that person as a data user . . . is for the time being contained in the
register.
(2) A person in respect of whom such an entry is maintained in the
register shall
not-
(a) hold personal data ofany description other than that specified
in the entry;
(b) hold any such data or use any such data held by him for any
purpose other than the purpose or purposes described in the
entry
...
(3)
A servant or agent of a person to whom subsection (2) above applies
shall as respects personal data held by that person be subject to the same
restrictions on the use, disclosure or transfer of the data
...
(5) Any person who contravenes subsection (I) above or knowingly or
recklessly contravenes any of the other provisions of this section shall be
guilty of an offence.
The
Information
Commissioner appealed by
way
of case stated.
HELD,
ALLOWING
THE
APPEAL,
the
case
should
be remitted to
the
deputy
district
judge
to
continue
the
hearing
in relation to
the
first
charge. Charges
two
to seven related to
the
'use'
of data for
purposes
specified as, for example, 'accounting
and
related services'. On
such
charges,
had
the
Commissioner charged
the
council
with
'holding'
the
394
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