The Public Interest Disclosure ("Whistleblowing") Act 1998 offers protection
to employees who "whistleblow" i.e. bring to management's attention
instances of wrongdoing, including actual, attempted or suspected fraud. I
don't know whether this would apply cross-organisationally, as in your
example.
The following is from our Fraud policy:-
"There is no precise legal definition of fraud. According to the Institute
of Internal Auditors - UK, fraud encompasses an array of irregularities and
illegal acts characterised by intentional deception. It can be perpetrated
for the benefit or to the detriment of the NSPCC and by persons outside as
well as inside the Society. Many of the offences referred to as fraud are
covered by the Theft Acts, 1968 and 1978, as well as the Criminal Law Act,
1977, the Forgery and Counterfeiting Act, 1981 and the Financial Services
Act, 1988.
Generally, the term is used to describe acts such as deception, theft,
forgery, embezzlement, false representation and concealment of material
facts and collusion. The list below, though not exhaustive, gives examples
of fraudulent acts covered by this Policy:
theft or manipulation of assets;
falsification or alteration of cheques, accounting or other documents;
inappropriate authorisation of purchase orders in exchange for bribes,
kickbacks or payoffs from suppliers;
suppression or omission of the effect of transactions from records.
It should be pointed out that the criminal act is merely the attempt to
deceive, and attempted fraud is therefore treated as seriously as
accomplished fraud".
regards
Su
Su Goulding
Legal Officer, NSPCC
020-7825-1393
[log in to unmask]
-----Original Message-----
From: Liz Dodds [mailto:[log in to unmask]]
Sent: 05 July 2001 14:06
To: [log in to unmask]
Subject: Fraud and DPA
We had a case recently of a PhD student who, it turned out, had gained
admission to the University by citing false qualifications from an
overseas institution. Upon discovering this, we instigated disciplinary
procedures and expelled the student. It now appears, from their
appearance at conferences and events, that they have gained admission
elsewhere, presumably by citing false qualifications. The academic
department concerned want to tell the other institution about our
discovery and subsequent action but are afraid that in doing so they
will contravene the Data Protection Act.
It is complicated by the fact that they suspect that the individual
concerned may be committing a further fraud but have no proof on which
to base this suspicion.
Can anyone suggest what they can do legally to try to forewarn their
colleagues in other institutions?
Thanks,
Liz
--
Liz Dodds
Assistant Registrar
Academic Office, Stockton
University of Durham
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
www.jiscmail.ac.uk/user-manual/summary-user-commands.htm
all commands go to [log in to unmask] not the list please!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
