I know it's Friday, so I'll play Devils Advocate!
Isn't the point that he was possibly fraudulently receiving benefit, so then possibly not a bone fide benefit claimant?? If he is a legally entitled benefit claimant now, then of course it's up to you to decide.
Has this case gone to court?? If so then the defence solicitor would be entitled to the full disclosure (apart from some sensitive information - very rare apparently).
I don't know of any legislation that demands disclosure of data pertaining to a benefit investigation. Maybe you have an in house policy which states this.?.
I would treat this as a SAR and pay particular attention to S29 exemption (if going to court) and any other applicable exemptions.
Heléna Ashton
Data Protection Officer
G50 Romney House
Romney Avenue
Lockleaze
Bristol
BS99 3HB
Tel: 0117 9222725
>>> Maurice Frankel <[log in to unmask]> 18/09/03 16:16:08 >>>
If he is receiving benefit, wouldn't that in itself be a good reason
for waiving the fee?
(I believe the DPW waives the fee for all benefit claimants - or
probably for all SARs).
Maurice Frankel
Campaign for Freedom of Information
At 2:04 pm +0100 18/9/03, Brenda Scourfield wrote:
>A person has asked to see and have copies of letters,forms, tribunal
>reports, tapes etc relating to his possible Benefit fraud. He has been
>shown some of these before and had letters already sent to him. This
>apparently was normal procedure.
>He has now asked for copes of all the doucments relating to the case (which
>he is entitled to see so the Benefit Fraud Officer tells me, even if he
>hasn't had them all). My question is, do I treat this as a SAR and ask for
>ú 10.00 or just let them go ahead and give him the copies or maybe let him
>come in and look at them and take copies as he wishes ?
>
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