Data Extract Request from ONS
There has been some disquiet recently about information requests and I thought I would ask your opinion.
Authorities have been contacted by the Office for National Statistics (ONS) asking for a regular monthly Council Tax data extract (akin to a Single Housing Benefit Extract (SHBE) but for CTax). I understand that ONS has been in communication with all local authorities regarding this and that at least one software supplier has issued an update which includes the facility to extract this data. I am, however, aware that a number of authorities are not happy with providing the information requested.
There is some debate over the legal basis for providing this information, the belief is that the reasoning given by the ONS for the extract is somewhat nebulous. The Housing Benefit Extract (SHBE), for example, is prescribed The Social Security Administration Act 1992 (s127 in I think). There doesn't appear to be a specific piece of legislation empowering ONS to have CTax data. Taxpayers supply information to local authorities for (and only for) CTax purposes because the law requires it - the thought that LAs can then pass it on to other independent organisations without any empowering legislation could be seen as a problem.
Our legal dept, have looked at it and initially said, "I am not convinced that the legislation quoted by ONS permits us to disclose the personal data of the council tax payers. S45A(12) of the Statistics and Registration Services Act 2007 specifically states “But subsection (1) does not authorise the making of a disclosure which — (a) contravenes the data protection legislation,†and I’m not convinced that the disclosure of personal data is “necessary†for archiving purposes in the public interest or that the processing is “necessary†for the performance of a task in the public interest (GDPR Article 6(1)(e) and Article 9(2)(j))."
It should be noted that the ONS and it's parent body, the UK Statistics Authority are not directly government departments, they are independent body at arms length from government and independent of ministers.
With consideration to GDPR we are not comfortable with voluntarily providing personal data which was obtained for the purpose of collecting Council Tax? We are struggling to be able to justify it to our residents, because someone is bound to ask.
Does anyone have a view on this?
Please email darren.spicer@midsussex.gov.uk
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