[log in to unmask] wrote:
>SCF is finalising a gift aid declaration for fundraising purposes
>In it we were thinking of including a data protection paragraph Eg "Save the
>Children will only use the information you have prvided on this Gift Aid
>Declaration for the purposes of claining the tax back on your donation
>through the Inland Revenue" This would be added to the attached form.
As with all proposals to give information without consent on the basis that
"the disclosure is required by statute" we must be certain that the law does
actually require the disclosure.
The questions I would ask are:
Q. Is the donation required by law?
Q. Is the claim for the tax refund required by law?
Q. If (as I suspect) the answers to the above are "No", can you still claim
that the disclosure to the IR is required by law?
If, on a case by case basis the IR have reason to suspect any of your donors
to be avoiding tax they have the right to inspect your records, just as they
have the right in such circumstances to inspect the records held for
supermarkets loyalty schemes.
The form suggested appears to me to obtain the consent of the individual to
pass their details to the IR. I feel this is the safest route where to claim
an exemption may be dodgy.
Ian Buckland
MD
Keep IT Legal Ltd
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