Is this not a crime prevention/detection of fraud issue and therefore surely
criminal proceedings will follow.
Correct me if I am wrong.
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 826516
e-mail: [log in to unmask]
> -----Original Message-----
> From: Paul Couldrey [SMTP:[log in to unmask]]
> Sent: 03 September 2001 13:08
> To: [log in to unmask]
> Subject: Lack of Commissioners Advice
>
> Hi Group,
> I have a problem and having spoken to the OIC their lack of guidance
> hasn't
> helped much so I'll open it up for a consensus view. The Housing
> department
> invited a tenant with regard to a fraudulent claim by a landlord. The
> tenant confirmed that he was not a the landlords premises for a date range
> that the landlord had claimed rent payments. The problem is that the
> tenant
> in the interview expressly stated that he does not want his details passed
> or disclosed to the landlord or his representatives, and has promptly
> disappeared.
> The department are continuing the issue a fraud tribunal is being
> organised,
> the legal representative wants all the evidence to be used against his
> client disclosed (a legal requirement), the question is can we disclose
> legally, with the express request of the data subject not to.
> The tenant has disappeared so I can't gain consent, section 35 covers the
> exemption but not the issue of the express request of non disclosure! I
> rang the OIC their answer was that they don't know, its a balancing act
> and
> my call, they advised me to get the consent of the data subject, (a no
> goer).
> Any help?
>
> Paul Couldrey
> Data Protection Officer
> Wolverhampton City Council
>
>
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