Q&As

Is a utility provider obliged to provide details of one of its customers (specifically the name and dates of occupation) to a local authority who is requesting this information under section 29 of the Data Protection Act 1998 for the purposes of collecting council tax?

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Published on LexisPSL on 04/07/2017

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Is a utility provider obliged to provide details of one of its customers (specifically the name and dates of occupation) to a local authority who is requesting this information under section 29 of the Data Protection Act 1998 for the purposes of collecting council tax?
  • Non-disclosure provisions
  • Section 29—Crime and taxation exemption

Non-disclosure provisions

The Data Protection Act 1998 (DPA 1998) requires that data controllers process personal data in accordance with the eight data protection principles (see Practice Note: Data protection principles under the DPA 1998). In addition, a data controller must not disclose personal data to third parties contrary to the non-disclosure provisions set out in DPA 1998, s 27(3), which include:

  1. the first data protection principle (fair and lawful processing), except for the requirement to satisfy one or more of the conditions for processing (DPA 1998, Sch 2 and 3)

  2. the second (purposes), third (adequacy), fourth (accuracy) and fifth (retention) data protection principles

  3. an individual's right under DPA 1998, s 10 to prevent processing likely to cause damage or distress

  4. an individual's right under DPA 1998, s 14 to have incorrect personal data rectified, blocked, erased or destroyed

The DPA 1998 exempts the data controller from relevant obligations where, for example, this is necessary for crim

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