If there is no legal obligation to provide information, it should not be disclosed simply because a particular form is included on an approved list. If there is no obligation, the next questions are a) are they entitled to have the information, and b) do you have the power to disclose it? If yes and yes, is disclosure appropriate in the particular circumstances, and how much information should be supplied?
In the case of the CSA, the Social Security legislation gives the power to disclose but each case has to be considered on its merits.
It would certainly be useful to have a reference list of where we have to disclose and where we are allowed but not obliged to, but this should not be followed mechanically.
Leif
>>> Tommy Kennedy <[log in to unmask]> 04/10 4:45 pm >>>
We will all receive many different forms from organisations requesting employee personal information.
(DSS, Inland Revenue, etc...)
The onus is now on us to make sure that (where there is no mandate from the individual) we satisfy ourselves that a legal framework exists which covers the disclosure. (e.g. I'm currently looking at a Child Support Agency request, CSA form 154, that appears to be covered by the Child Support (Information, Evidence & Disclosure) regulations 1992)
I'm trying to think of a way to make all this practical for our staff.
One possibility would be to create a list of "approved forms".
So an employee receiving a request form could check it against the approved list.
If the form is listed we can disclose. If not we need to check it out first.
Assuming it checks out OK, we make the disclosure, and update the list.
It occurs to me that this must be a universal issue, and I wondered what others had done ?
Is there a simpler way ?
Or maybe another LA has taken this approach and would be willing to share an existing list ?
as usual any guiding comments gratefully received.
Tommy Kennedy
DPO (etc...)
South Ayrshire Council
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