Dear All
I'm dealing with a 3rd party request from the Immigration and
Nationality Directorate, and trying to button down the statutory
authority upon which they are basing the request. (The actual issue for
them is the investigation of an immigration offence)
I have no problem servicing the request but it's unusual to be servicing
a s29 exemption other than from the police (which at the moment is the
only exemption that occurs to me) - and am keen to discover what
'statutory function' is involved (below) - that might warrant a s35
exemption.
Their own guidance reads:
"When requesting information from another body you [IND] will need to
provide sufficient information to enable that body to determine that the
disclosure would be permitted under the DPA, in particular which
condition in Schedule 2 would be met and, if sensitive personal data are
requested, which condition in Schedule 3 would be met. [For more
information about the Data Protection Act Schedules 2 and 3 see Section
1] You should therefore explain to the other body why IND is seeking the
data from them, and why IND considers the data requested to be necessary
for the specified purpose or function. For example, where IND needs the
data for the exercise of its statutory functions in relation to
immigration control and nationality, you should state this, specify the
particular statute and provisions which sets out those functions and,
where it is not immediately apparent, provide a brief explanation of how
the data requested will assist IND in performing those functions."
Many thanks,
Gerry.
Mr.G.Dane
University of Newcastle
Newcastle upon Tyne
NE1 7RU
Email: [log in to unmask]
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