Hi Jackie,
The other thing is that you don't need to disclose anything under s29 if
you are not comfortable to do so. Section 29 allows for you, as data
controller, to volunteer information if you believe that in doing so would
assist a genuine fraud / criminal etc. enquiry. If you choose to provide
information under section 29, be certain the third party tells you why they
need the information - is it to prevent / detect a particular crime, for
example?
A request for information under section 35 (1) is often safer for the data
controller because it means there is a legal obligation for you to disclose
(either via a court order or other legislation). You could ask the 3rd
party to confirm on what basis they require the information and ask them to
quote the legislation that gives them the right to ask for it. That way
you can check they are using their powers properly and are not asking for
excessive information.
I've sometimes found that section 29 requests, while coming from legitimate
organisations, are used for fishing exercises.
Hope this helps,
Emma
Emma Bothamley
Data Protection Consultant
01733 471226
Doug Colyer <[log in to unmask]>
Tel:
Sent by: This list is for those interested in Data
Protection issues <[log in to unmask]>
03/02/2005 15:47
Please respond to Doug Colyer
To: [log in to unmask]
cc:
Subject: Re: [data-protection] NHS Fraud
Jackie
Our Head of Counter Fraud, David Kennedy, says that you should talk to
Diane Baker in your Peterborough City Council Benefit Fraud Office about
this request. If it about an employee status, S29 has never been used here
before, but this does sound like a fraud investigation.
Doug
Douglas Colyer
-----Original Message-----
From: Jackie Leesons [mailto:[log in to unmask]]
Sent: 03 February 2005 15:20
To: [log in to unmask]
Subject: NHS Fraud
We have had a request from Counter Fraud and Security Management Service
(CFSMS) asking for employment dates of an ex-employee, under Section 29 of
the DPA. I haven't heard of them before but their website seems to be
genuine. Has anyone else had experience of this agency and disclosed under
S29?
http://www.cfsms.nhs.uk/
Jackie
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