Suzanne
My reading of the situation is this. Section 29 of the 1998 DPA provides
exemptions which allow the University to disclose personal information
where that information is required for one of a number of purposes, one
of which is assessing or collecting tax, duty or imposition of a similar
nature. However, the University as Data Controller must additionally
satisfy itself that the information is *really needed/relevant* in each
case. Meanwhile, section 28 of the Act clarifies that the agencies which
are entitled to require this kind of disclosure include the Police and
agencies with similar *criminal* investigative powers. Therefore, before
releasing the data, the Local Authority needs to have demonstrated to
you: (a) that they are the right sort of agency, with the sort of powers
covered by section 28 of the act; (b) that this is a potential criminal
matter; (c) that the information they are requesting is really necessary &
germane to the possible fraud being investigated. My guess is that they
probably could satisfy (a) and (b), but might have more trouble (or be
less willing to tell you) about (c). Hope this helps.
Owen
On 04 Apr 2000 10:55:26 +0100
[log in to unmask] wrote:
> From: [log in to unmask]> Date: 04 Apr 2000
10:55:26 +0100
> Subject: Local Authority info request
> To: [log in to unmask]
>
>
> Does anyone have any ideas/comments on the following?
> The local council have written asking for information about a member
of
> staff. They have quoted section 28(3) of the 1984 Act as their 'right
> to know'. Apparently the individual is seeking assistence and the
> council feel the following is necessary information:
> date employment commenced, job function, number of hours worked,
all
> previous employment that we know of, all previous addresses that we
have
> and dates to and from, how she is paid, if by bank credit her account
> details (including bank account number), is she on maternity leave, is
> she receiving maternity pay, date expected back, next of kin, next of
> kin address, next of kin phone number, and finally, any other
> information we feel is relevant.
>
> They have also explicity stated that she must not be informed of their
> correspondence with us. The section quoted is section 29 of the new
> Act. We are aware that this is financial in nature, but this seems like
> a lot of information to try and ensure that an individual isn't getting
> a few pounds their not entitled to. Any advice?
>
> Su Clarke
> University Hospitals of Leicester
>
>
_____
Owen Richards
Academic Registrar
University of Sussex
Tel: 01273 877019
Email: [log in to unmask]
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