Just a general enquiry on the "Whistleblowing" Act, would this Act protect a
person within an organisation who was disclosing to the press something
which they felt should be within the public domain
D
> -----Original Message-----
> From: GOULDING, Susan - NC [SMTP:[log in to unmask]]
> Sent: 06 July 2001 11:17
> To: [log in to unmask]
> Subject: Re: Fraud and DPA
>
> The Public Interest Disclosure ("Whistleblowing") Act 1998 offers
> protection
> to employees who "whistleblow" i.e. bring to management's attention
> instances of wrongdoing, including actual, attempted or suspected fraud.
> I
> don't know whether this would apply cross-organisationally, as in your
> example.
>
> The following is from our Fraud policy:-
> "There is no precise legal definition of fraud. According to the Institute
> of Internal Auditors - UK, fraud encompasses an array of irregularities
> and
> illegal acts characterised by intentional deception. It can be perpetrated
> for the benefit or to the detriment of the NSPCC and by persons outside as
> well as inside the Society. Many of the offences referred to as fraud are
> covered by the Theft Acts, 1968 and 1978, as well as the Criminal Law Act,
> 1977, the Forgery and Counterfeiting Act, 1981 and the Financial Services
> Act, 1988.
>
> Generally, the term is used to describe acts such as deception, theft,
> forgery, embezzlement, false representation and concealment of material
> facts and collusion. The list below, though not exhaustive, gives examples
> of fraudulent acts covered by this Policy:
>
> theft or manipulation of assets;
> falsification or alteration of cheques, accounting or other documents;
> inappropriate authorisation of purchase orders in exchange for bribes,
> kickbacks or payoffs from suppliers;
> suppression or omission of the effect of transactions from records.
>
> It should be pointed out that the criminal act is merely the attempt to
> deceive, and attempted fraud is therefore treated as seriously as
> accomplished fraud".
>
> regards
> Su
>
> Su Goulding
> Legal Officer, NSPCC
> 020-7825-1393
> [log in to unmask]
>
>
> -----Original Message-----
> From: Liz Dodds [mailto:[log in to unmask]]
> Sent: 05 July 2001 14:06
> To: [log in to unmask]
> Subject: Fraud and DPA
>
>
> We had a case recently of a PhD student who, it turned out, had gained
> admission to the University by citing false qualifications from an
> overseas institution. Upon discovering this, we instigated disciplinary
> procedures and expelled the student. It now appears, from their
> appearance at conferences and events, that they have gained admission
> elsewhere, presumably by citing false qualifications. The academic
> department concerned want to tell the other institution about our
> discovery and subsequent action but are afraid that in doing so they
> will contravene the Data Protection Act.
>
> It is complicated by the fact that they suspect that the individual
> concerned may be committing a further fraud but have no proof on which
> to base this suspicion.
>
> Can anyone suggest what they can do legally to try to forewarn their
> colleagues in other institutions?
>
> Thanks,
>
> Liz
>
> --
> Liz Dodds
> Assistant Registrar
> Academic Office, Stockton
> University of Durham
>
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