Gail, Rebecca et al,
Indeed. Well, sort of (you know how it is with DP law). It seems to me that
there are three approaches here:
(i) You can ask the Benefits Agency what authority they have to demand the
info. If they have this, (and Edwina W. reckons they have) then they'll be able
to quote chapter and verse and you should record this in your "exceptional
disclosures" log. If they can't quote their authority then...
(ii) You are free to conclude from the evidence available that the student is
committing fraud. Hence you can use the exemptions in Section 29 to cover any
disclosure you make. Section 29 does not, of course, place any OBLIGATION on
you to disclose (despite what certain government depts - the immigration
service for one - may think!). Furthermore, Peter Bloomfield has advised that,
in all cases relating to Section 29, there is a prejudice test, i.e. "if I do
not disclose the info will this harm the investigation?" (if the answer is no,
then don't disclose). For my own part, I would argue that in nearly all cases
where there is reasonable evidence of wrongdoing then you should be able to
rely on Section 29 AND you have the added consolation of knowing that someone
who has been committing fraud is very unlikely to take action against you
because that would mean standing up in court and admitting fraud.
(iii) However, if none of the above works for you, then the answer is either
refuse to disclose or, if you can raise the energy, seek consent (fat chance, I
suspect!).
Andrew Okey
Lancaster DP Project
> -----Original Message-----
> From: [log in to unmask] [SMTP:[log in to unmask]]
> Sent: 16 January 2002 17:03
> To: [log in to unmask]
> Subject:
>
> The Lancaster project guidelines say re third party disclosures, that unless
> there is a statutory or other legal obligation to disclose, we should not do
> so without explicit consent. There may be a statutory basis though, Social
> Security Acts? I suggest 'putting the ball back in their court'.
> Gail Waters
> DP Coordinator
> Open University
> > -----Original Message-----
> > From: Rebecca Hughes [SMTP:[log in to unmask]]
> > Sent: 16 January 2002 15:17
> > To: [log in to unmask]
> > Subject:
> >
> > A student has interrupted his course from University, but has told the
> > Benefits Agency that he has withdrawn. The Benefits Agency have
> > contacted us for confirmation that the student has withdrawn. Can we
> > correct their records without telling the student? Surely, yes as long
> > as we are not processing sensitive data.
> >
> > Any advice gratefully received!
> > Rebecca
> > -------------------
> > Rebecca Hughes
> > Administrative Officer (Data protection)
> > [log in to unmask]
> >
> > * This e-mail message was sent with Execmail V5.1 *
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