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Senior Partner
Senior Partner, Solicitor
Category: UK Law
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Experience:  30 years experience in business law and related topics such as employment law
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as an officer of a club (treasurer) is there any reason

Resolved Question:

as an officer of a club (treasurer)

is there any reason why a subject matter cannot be discused at a committee meeting with the ordinary committee members

the matter being

we have a house that was purchased for use by the steward he has his own property
so the club rented out the house

the tennant is now a club member and is in arreas with the rent he has informed me that if it is discused at a committee meeting we will be in breach of the data protection law which he claims he was informed by the C.A.B
Submitted: 10 months ago.
Category: UK Law
Expert:  Senior Partner replied 10 months ago.
Thank you for your question. Is the day to day management in the hands of the committee.i.e Is the running of club property? Is this something that would normally be discussed at the committee? Is there a need to discuss it for example to take a decision?

Customer: replied 10 months ago.

the day to day running of the club is the responsabilty of the committee


yes this is something that needs to be discussed by the committee to


make a decision as this my result in us terminating his tenancy


 


 


a committee consists of


4 officers


president,vice president,treasurer and secretary


8 committee members


 


the present committee consists of


2 officers


president and treasurer


7 committee members


 


the person renting our property owes hundreds of pounds in rent arreas


 


the problem we have is he says he has been told by the


citizens advise bureau


that this matter can only be discused by the officers of the club not with the full committee as this would contravene the data protection act


 


we as a responsible club have do our business lawfully


 


it seems to me ridiculous that there could be anything that a committee can not discuss at a monthly meeting in private this is what a committee has to do to reach a discision about club matters surely


 


 


 

Expert:  Senior Partner replied 10 months ago.
Thanks that s helpful. He is frankly talking complete nonsense . The data protection act requires businesses that are data processors to comply with certain principles which includes keeping sensitive personal data confidential however it can certainly be used for internal business purposes and you hold the information about him as a tenant. There is absolutely nothing to prevent you discussing it at a committee meeting. I don't believe for one minute that he has been told anything of the kind by the CAB. Not that the CAB ( excellent organisation though it is) is the place to go for advice on such issues anyway. Data protection like Health and Safety is frequently quoted as a justification in completely the wrong circumstances.

Naturally you should remind committee members that meeting are confidential and issues must not be discussed with the general membership but lets face it if you are forced to take possession proceedings that will be public record anyway !
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13234
Experience: 30 years experience in business law and related topics such as employment law
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