GDPR BAILIFFS AND COUNCILS

[LUCYLOCKET]

Good afternoon,

Is it possible to use any of the Data Protection Rules and ESPECIALLY THE NEW GDPR Rules to curtail or even stop the Council and Bailiff using our Data?

Found the following on the 'Whats New Page' from the ICO Webpage...…


At a glance
Individuals have the right to request the restriction or suppression of their personal data.
This is not an absolute right and only applies in certain circumstances.
When processing is restricted, you are permitted to store the personal data, but not use it.
An individual can make a request for restriction verbally or in writing.
You have one calendar month to respond to a request.
This right has close links to the right to rectification (Article 16) and the right to object (Article 21).


Thank you

[Syd Snitkin]

As the regs say, you can request it, but it's not an absolute right. I can't see what reasons you could give to supress your data in relation to the council trying to recover taxes.

What would your argument be and why?

[psxgunman]

What would your argument be and why?

Sharing of data to persons unregistered with the ICO

I'd hazard a guess a very large proportion of self employed enforcement agents who get contracted by the various 'companies' for Council tax are not registered correctly

[LUCYLOCKET]

Hi and thank you both.

Because the Council is run by a Private Company and for the above reason - are they all registered with the ICO? And do they have to be registered with the ICO?

I think a proper Council would be but what about the private company and their self employed agents as psxgunman says?

Thank you.

[zeke]

Yes and yes.

I have never considered whether a self e.pliyed bailiff must be registered.

Can anyone call the ICO helpline and get a definitive answer? 0303 123 1333.

Let us know.

[LUCYLOCKET]

That would be great to know as I will request they stop using my Data if they should be registered etc....

[LUCYLOCKET]

any update ?x

[zeke]

Don't quote me on this but a self-employed bailiff is probably not required to be a data controller.

Section 60 of the DPA 2018 enables data processors to work under the instruction of a data controller.

[Justanotherperson]

The requirement to be registered with the ICO has been abolished and replaced with the requirement to pay a fee dependent on the size of the business or unless an exemption applies. Data processors are not required to pay a fee unless they are also a data controller.

https://www.legislation.gov.uk/uksi/201 ... tents/made

The right to restrict in your case is unlikely to be successful because the council would have a legitimate interest in pursuing a debt and in the course of doing so, it is not unreasonable to use third party's (either for expertise, legal powers or otherwise) in achieving the necessary outcome.

The ICO has information on the use of this right and you might want to read it to properly understand the concept.
https://ico.org.uk/for-organisations/gu ... rocessing/