Data transfers for the purposes of the Local Government (Household Charge) Act 2011(HCA)

Data transfers for the purposes of theLocal Government (Household Charge) Act 2011(HCA)

Extracts from the Land Register held by the Property Registration Authority are provided to the Local Government Management Agency (LGMA) (acting on behalf of the County and City Councils) in order to facilitate collection of the Household Charge.

Please see below for details of the legislative basis for the data transfer.

The LGMA representative for the purposes of the Data Protection Acts 1988 & 2003 is Brendan Nicholson, LGMA, Phoenix House, Conyngham Road, Dublin 8

The PRA representative for the purposes of the Data Protection Acts 1988 & 2003 is Margaret Mulhair, Corporate Services, Chancery Street, Dublin 7.

 

Legislative basis for data transfers from the PRA to the LGMA

Under Section 14 of the Local Government (Household Charge) Act 2011 (HCA) the Local Government Management Agency (LGMA) acting on behalf of County and City Councils can request data from “relevant bodies” for the purposes of identifying residential properties that may be liable to the Household Charge and who have not paid the charge. Extracts from the Land Register held by the Property Registration Authority are provided to the Local Government Management Agency (LGMA) (acting on behalf of the County and City Councils) in order to facilitate collection of the Household Charge. The LGMA will electronically match data received from the Property Registration Authority and other relevant Government Departments and public bodies/agencies against the data held in its computer systems.

This data transfer is permitted under Section 2A (1)(c)(ii) of the Data Protection Acts 1988 & 2003 as “the processing is necessary for the performance of a function conferred on a person by or under an enactment”. The relevant enactment in this case is the Local Government (Household Charge) (Amendment) (No. 2) Regulations 2012, which prescribes the Property Registration Authority (the PRA) as a “relevant body” under section 14(3)(e) of the HCA.

The transfer of data by the PRA to the LGMA is also governed by a Protocol agreed with the Data Protection Commissioner. Under the Protocol all data received by the LGMA in response to a request for bulk information from a Department/public body/agency will not be retained and will promptly be securely deleted or destroyed by the LGMA on completion of the data matching exercise. The LGMA will not disclose, share or otherwise provide data received by it in response to a request for bulk data from a Department/public body/agency to any other public body or third party.