There is a difference between the statutory power to disclose and the obligation to disclose. A good example is S115 of the Crime and Disorder Act, which gives powers to disclose for the purposes of C&D where these did not exist before, but does not create any obligation to do so.
Leif
>>> <[log in to unmask]> 03/07 10:06 am >>>
If there is a statutory basis to disclose, then you are obliged to make it
and if this is the case, the Benefits Agency should have no trouble
identifying what it is.
Gail
> -----Original Message-----
> From: Morton, Alison [SMTP:[log in to unmask]]
> Sent: 06 March 2001 13:14
> To: [log in to unmask]
> Subject: DISCLOSURE TO BENEFITS AGENCY
>
> I was presented with the following scenario this morning and would be
> grateful for any views:
>
> The Benefits Agency approached the cash office of one of our hospitals to
> gain information on a bank employee. It is alleged that the employee is
> claiming sickness benefit whilst working on the bank staff. The cash
> office
> asked for a fax confirming the request but did not pass on any information
> at this stage. However, they did pass on the Agency's request to our
> Wages
> Department to allow them to process the request. There is a school of
> thought that because the Benefits Agency are a Government body that we
> should automatically provide them with whatever they ask. I am not of
> that
> opinion and took the views of our Head of Information and Senior Personnel
> Officer who agreed that we should have a signed mandate from the employee.
>
> Who's right?
>
> Alison Morton
> Data Protection Officer
> 4 Barns Park
> Ayr
>
> Tel: 01292 513722
> Fax: 01292 513725
>
> The information contained in this message or any of its attachments may be
> privileged
> and confidential and intended for the exclusive use of the addressee. The
> views
> expressed may not be offical policy but the personal views of the
> originator. If you are
> not the addressee any disclosure, reproduction, distribution, other
> dissemination or use
> of this communication is strictly prohibited.
>
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