Exercising the power of well-being

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Wellbeing power cannot be construed as duty to share information

Lawyer Allan Norman dismisses the Local Government Act’s use as a gateway for routine sharing information on all children and young people. [The Supreme Court ruling of 28 July 2016 subsequently confirmed the illegality of such information processing.]

Wellbeing power cannot be construed as duty to share information

My view is that frankly it is legal nonsense to suggest that a general well-being power, which makes no reference to information sharing, can be construed as a duty to share information; and since it is a well-being power not a duty, it cannot become ‘necessary’ for the purposes of the Data Protection Act. Moreover, since the power is limited to things it is not otherwise prevented from doing under an enactment, the correct interpretation is that the Data Protection Act and the Human Rights Act are ‘limiting provisions’.
 
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