Quite right! DPA gives you discretion to disclose, but they need to have
(and cite) valid powers to obtain.
Iain Harrison
Information Governance Officer
Contracts & Governance Team,
Customer & Workforce Services,
Coventry City Council
Council House,
Earl Street
Coventry, CV1 5RR
Telephone No: 024 7683 3305
Fax No: 024 7683 3395
www.coventry.gov.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of M Sarah Wickham
Sent: 30 January 2009 09:39
To: [log in to unmask]
Subject: [data-protection] Child Support Agency - third party request
for personal information
Dear colleagues
Apologies for cross-posting. We have received a request as follows:
================
[log in to unmask]
Hi
Received E.-Mail.
Could you please confirm that ABCD Date of Birth NN/NN/1970, N.I.
NWxxxxxxD is a student at University of Huddersfield.
Thankyou
xxx xxx
Sne Mos Nc Empl WG1 TM2
788xxxxx
================
We have not (apparently) dealt with the CSA before, so I have two
concerns here.
1. It is my understanding that the Child Support Agency has extensive
powers to obtain information. However, I would normally expect
information about the requester's formal source of authority to make the
request. The email does not do this - at least in an intelligible form.
For example, in the case of police requests, we require formal
documentation which in the case of West Yorkshire Police's form includes
a counter-signatory from a higher officer. Similarly, we require the
Student Loans Company to include a copy of their certificate of
authority as per the Social Security Fraud Act 2001 (s3(1)) Code of
Practice on Obtaining Information.
2. The Child Support Act 1991 and associated regulations that I have
(cursorily!) had a look at concerning the supply of personal information
seem to apply to employers, local government, benefits agency etc - ie
bodies via which a non-resident parent may be receiving income.
Obviously the University does not have this kind of relationship with a
student.
So my initial reaction is to go back to the requester, and ask for his
formal source of authority to make the request. Before I do this,
though, am I missing something?!
Many thanks
Sarah
M Sarah Wickham, MA, MA, Registered Practitioner University Records
Manager University of Huddersfield
+44 (0)1484 473 935
http://www.hud.ac.uk/cls/recordsmanagement/
http://www.linkedin.com/in/msarahwickham
Please don't print this e-mail unless you really need to.
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