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Many thanks for all your replies ...I think I can now proceed with clarity..........Whilst on, Electoral Roll and Council Tax. I am quite sure under the Electoral Roll legislation that we can share this information with Council Tax Section (one of the few parties who can have access to Electoral Roll). We want to match up people claiming single person discount against that of the Electoral Roll ..I think this practice is OK...Any thoughts?
D
-----Original Message-----
From: Tim Turner [SMTP:[log in to unmask]]
Sent: 12 August 2004 09:55
To: [log in to unmask]
Subject: Re: Subject Access (alleged CT fraud)
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Staff can get into disputes when they use even simple words like "drunk".
People can get mightily offended when "drunk" is applied, in writing, to
them. The problem is that it takes considerably longer to say that a person
"slurred their words, walked unsteadily, and smelled of drink", even though
this is an observation. Unfortunately, it's far easier to convince people to
avoid shorthand once they or one of their colleagues have been embarrassed
or criticised by using it.
> ----------
> From: datap[SMTP:[log in to unmask]]
> Reply To: datap
> Sent: 12 August 2004 09:45
> To: [log in to unmask]
> Subject: Re: [data-protection] Subject Access (alleged CT fraud)
>
> I tink Ian has hit another valuable point with his rewording to ensure
> 'professional language'.
>
> I always train staff to 'get it right first time' when recording
> information.
>
> If it's recorded and collected right in the first place, it can save a
> lot of data protection problems in the long run (ie derogatory comments
> disclosed via subject access, or secondary purposes where consent has
> not been obtained - and no other condition applies, fairness)
>
> this can be overcome with two steps
>
> 1 - reviewing form design (for fair processing, purposes, adequacy,
> relevancy, excessiveness, too 'open' questions etc)
>
> 2 - staff training in use of proffessional language. Staff should be
> aware that even the casual email or memo they write to their mates at
> work has the potential to be disclosable and should conduct themselves
> accordingly.
>
> My favourite example of this is in my previous employment, where an
> individual had stated - ' this woman is obviously as mad as a box of
> frogs' - on a memo that was then asked for under section 7, and, as it
> was recorded in her file, disclosed.
>
> The trouble this caused could have been avoided had the individual said
> - 'in my non-professional opinion, I believe this lady may showing
> symptoms of mental instability, such as...' Also statements, based on
> facts rather than subjective opinions are always a better way to record
> information.
>
> Regards
>
>
> Ralph T B O'Brien
> Group Data Protection Officer
> Metropolitan Housing Group
> 020 8829 8070
> [log in to unmask]
>
> Cambridge House
> 109 Mayes Road
> Wood Green
> London N22 6UR
>
> www.mht-group.co.uk
>
> Views expressed may be those of the sender and may not reflect
> Metropolitan Housing Groups policy.
>
> >>> <[log in to unmask]> 12/08/2004 09:24:58 >>>
> In a message dated 11/08/04 15:35:22 GMT Daylight Time,
> [log in to unmask] writes:
>
>
> > Investigation into alleged CT fraud - derogatory comments on form
> have been
> > made as to the individual's answers i.e. they are obvious lies. This
> is an
> > ongoing investigation. He has now requested details of all his
> information,
> > I presume we can withhold some of the information as it could be
> detrimental
> > to the outcome of the investigation i.e. you don't tell him what you
> are
> > doing to detect this fraud/crime.
> >
> ----------
>
> You can use s29(1)(a) or 29(1)(c) depending upon your intentions. If
> you
> intend to pursue a prosecution for the fraud, part (a) allows you to
> withhold any
> information that would prejudice the prosecution. You will, of course,
> have
> to reveal it under disclosure rules of the court. Not all the data you
> have
> is likely to prejudice the action so you may have to reveal part of the
> record,
> eg the amount owed, last payment made, etc
>
> Sub-subsection (c) allows you withhold anything likely to prejudice
> the
> assessment or collection of any tax or duty or of any imposition of a
> similar natu
> re. CT has been recognised as an "imposition of a similar nature" and
> therefore the exemption applies even where a criminal prosecution is
> not your
> intention. Please remember though the Human Rights Act which will
> probably force you
> to reveal information to the alleged perp at some stage. You can't
> say, for
> example, "you may as well pay up, we have enough evidence" without
> revealing
> it.
>
> The derogatory comment "the answers are obviously lies" could have
> been
> worded as "we have evidence proving that these answers are untruthful"
> and then
> that too could probably have been withheld (I'm assuming that evidence
> exists).
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
> Please Note: The information given above does not replace or negate the
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