Councillor Trawling For Personal Information - Is It Legal?

[CaseyCat]

Can a local councillor ask the Council's Revenue and Benefits departments for details of (rather a lot of) people who have left the area - can he just do a trawl? Or is it an offence against the Data Protection Act?

[Samjenko]

If that isn't against the law, it should be.

[murraymints]

would think that contravenes the act...councillors have no more legal standing than joe next door...

[EDDIE51]

I think it would depend on why he wants the information. If it is for official council business it is probably valid, but if it is for personal reasons it is not allowed.

[gumboil]

Yes, it seems that they can do as long as the information they seek falls within the remit of their job as a councillor. My local council has clarified this in recent weeks after there was a complaint about a councillor doing just this. Although, I don't agree with it, I think you have to remember that County Councillors are paid a salary by the local authority to look after the interests of the community. My county councillors are on about £27000 a year plus expenses. In that respect, they have the same rights as other council employees and like it or not, council staff access data on a daily basis about individuals.

It strikes me that such behaviour might be beneficial for the community in the long-term. He might feel he needs to find out why people are leaving the area. It might be due to vandalism, anti-social behaviour etc and it's part of his job to try to put these matters right.

It's not an offence against the Data Protection Act as long as he doesn't misuse the information.

[gumboil]

murraymints, County Councillors they have a lot more legal standing than joe next door. I've worked very closely with loads of them on a number of projects. Town Councillors are a different breed - they represent their communities to a lesser extent and do not have access to council databases. They can request such stuff, but the council can tell them it's confidential.

[murraymints]

Ta for that clarification Gumboil..I was referring to local town councillors.....but thanks for that xx

[Peter Pedant]

// In that respect, they have the same rights as other council employees and like it or not, council staff access data on a daily basis about individuals. //

gumboil - you sound as tho s/o compiained about your council. DO you have chapter and verse ? there may be an ICO record of the complaint and its fate....

like this at the ICO decision thread
Decision notice FS50561958
when I complained about my employer listening without notice to telelphone calls

I would have thought they ( councillors) couldaccess the info for the purpose of their council work
and not to canvass for their private occupation

so the answer is yes so long it is for council work

[Peter Pedant]

// They can request such stuff, but the council can tell them it's confidential.//

then it is pretty obvious that the county council takes its duties under the DPA seriously

[gumboil]

Peter, no they didn't complain about the council. It was the county councillor that they wanted to call to account. The matter was raised with the Democratic Services Department of the council, which is the department in every council that deals with matters concerning councillors. They basically told the complainant that the councillor was working within the remit of his job. The complainant took it a couple of weeks later to an Executive meeting in County Hall, and again the councillor was exonerated.

My council is on the ball when it comes to the DPA and I've had to employ some pretty unusual methods to get information out of them when I've needed to do so. It's odd because I occasionally advise them on these very issues.

[gumboil]

I would like to add as well that although town councillors confine themselves to relatively minor matters in the community such as footpaths, graveyards, planning submissions (not decisions) and the like, most town councils have at least one county councillor sitting on the town council as well.

This is how news gets to your county council fast and at times it can be either a hindrance or an advantage for the community. Having worked with these guys, I'm not certain one way or the other.