In a message dated 13/08/04 12:01:37 GMT Daylight Time,
[log in to unmask] writes (snipped):
> Our audit section has just sent out a document relating to the above
> initiative, which is essentially a fair processing notice to advise all our
> employees that their payroll data will be matched with other payroll and
> housing benefit data held by other councils across the country, as well as
> internally with our own housing benefit data. There is no suggestion of
> consent, and indeed the letter says this is a mandatory exercise.
-------
The Audit Commission Act authorises the Audit Commission (and District Audit
on their behalf) to collect data from Local Authorities with a view to data
matching exercises known as NFI (National Fraud Initiative). The legislation
requires councils to give their payroll and benefits databases - the code of
practice (agreed with the ICO) requires each council to inform all data subjects
the exercises take place. Section 29 does NOT negate this requirement as the
majority of data subjects are not committing any offences.
Many local authorities also submit the voluntary data (ie not covered by the
ACA) and therefore they must find the lawful justification for disclosure and
of course meet all the requirements of the DPA98. Some forget, or
misunderstand the request from the Audit Commission, and many data subjects are unaware
of their data being matched and in some cases consent is required because
participation in some parts of the exercise is purely voluntary.
The ACA also does not legitimise internal data matching exercises. Quite
frankly it would not be necessary as your payroll data will be matched against
your benefits data during NFI. All local authorities that data match internally
between benefits, payroll, rents, CT and grants, etc., should ensure terms
are included in employment contracts after the appropriate consultation with
trade unions and staff associations, as well as doing the fair obtaining bit with
all the data subjects affected.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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