Hmm, this sounds familiar! Lancaster was subject to a rather threatening visit
from immigration before Christmas, demanding information and dropping hints
about fines, imprisonment etc etc for those who didn't co-operate. When I asked
them to provide me with evidence of their authority to make these claims they
provided me with......a section 29 form! So, I politely wrote to them (hiding
behind the University Secretary's signature just in case it transipred that
they DID have the power to drag me off to Strangeways) to remind them that
section 29 allows Data Controllers to disregard some elements of the DP act in
certain circumstances, but that this did not imply any compulsion placed on any
data controller. I then asked them, again, to define what statutory authority
they had to require the information and have never heard back from them.
Andrew Okey
Lancaster DP Project
-----Original Message-----
From: Gwenan Owen [mailto:[log in to unmask]]
Sent: 21 March 2002 14:26
To: [log in to unmask]
Subject: Re: UK Immigration Service
Just a quick update on this problem. Thank you all for the advice and
assistance.
Many of you suggested that I contact the Immigration Service again and ask
under what legislation they are exercising their powers, and the
justification of their request. I did this, and the answer I got was that
they had no statutory powers themselves, and they refused to give me any
further details on the nature of the request they were making under s.29.3,
simply that it was "immigration enquiries".
I have refused at this stage to disclose the information and will wait and
see!
Gwenan
----- Original Message -----
From: "Stuart Lynch" <[log in to unmask]>
To: "'Gwenan Owen'" <[log in to unmask]>;
<[log in to unmask]>
Sent: Monday, March 18, 2002 9:54 PM
Subject: RE: UK Immigration Service
> I thought the Immigration Service had statutory powers which enabled them
to
> demand information, bringing s.35 into play. If they're asking under
> s.29(3) you're not obliged to provide the info, so if you're not sure the
> safest option is to get them to exercise their statutory powers. I have
> often had to deal with requests from government bodies (eg Inland Revenue)
> who think they are being more friendly if they don't use their statuory
> powers - my response was always to tell them to use their powers (in a
> proper manner) if they want the information. This goes a long way to
> ensuring that your employer doesn't breach the DPA. If they really want
the
> information and are not just fishing, they usually come back quoting
chapter
> and verse.
> Hope this helps
> Stuart Lynch
> Stuart Lynch Consulting
> Training/Consultancy in
> Privacy/Information Protection
> Tel 01704 870365
> mailto:[log in to unmask]
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Gwenan Owen
> Sent: 18 March 2002 15:03
> To: [log in to unmask]
> Subject: UK Immigration Service
>
>
> We've had a request from the UK Immigration Service to confirm the student
> status of someone - they are asking under s.29(3) of the DP Act 98. This
> particular student is now a member of staff here - I don't know if this
> makes a difference.
>
> Amazingly I've never had to deal with this type of request before and
wonder
> if anyone could confirm the UK Immigration Service's powers to request
this
> info from us?
>
> Thanks in advance
> Gwenan
> ___________________________________________________________________
>
> Gwenan Owen
> Swyddog Hawlfraint/Gwarchod Data
> Copyright/Data Protection Officer
> Gwasanaethau Gwybodaeth/Information Services
> Prifysgol Cymru Bangor/University of Wales, Bangor
> Ffordd y Coleg/College Road
> Bangor
> Gwynedd LL57 2DG
>
> Ffon/tel: 01248 382413
> Ffacs/fax: 01248 382979
>
> [log in to unmask]
>
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