Adding to discussion this I recall that sections 109 / 110 of the Social
Security Administration Act relate to a qualified disclosure in the way they
are drafted and do not create a mandate to have anything requested. Their
existance allows DPA section 35(1) to be argued but the data items released
must be in context to the s109 / s110 enabling clauses. I am working from
memory in this response so recommend checking the specifics of the clauses.
David Wyatt
----- Original Message -----
From: "Smith, Tony" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, September 19, 2003 9:58 AM
Subject: Re: [data-protection] Demand for personal data from Department of
Work and Pensions
I believe that s 1(2)(j) of the Social Security Fraud Act 2001 adds
educational establishments to the list of organisations that are required to
provide information under s109 of the Administration Act
Tony
-----Original Message-----
From: Lloyd M J B (ISeLS) [mailto:[log in to unmask]]
Sent: 19 September 2003 09:17
To: [log in to unmask]
Subject: Demand for personal data from Department of Work and Pensions
We have received a demand from the DWP, Counter Fraud Investigation Service,
for information on a individual thought to be a former student. The demand
quotes Section 109 of the Social Security Administration Act 1992 as legal
authority for this demand. However, from the Act published on the web it
would appear that Section 110 is the relevant section not Section 109.
Moreover, my reading of this Section 110 would indicate that the
authorisation refers to premises of work and I'm not sure that this would
include a University where the individual may have been a student.
The letter goes on to quote Section 35(1) of the DPA for compliance with the
DPA and Section 111 of the Social Security Administration Act for the
penalties for non-compliance with their demand.
I have queried all this with them but does anyone have a view whether
Section 110 of the Social Security and Administration Act covers the
University in terms of students and former students?
Mike Lloyd
Assistant Head (Research and Policy Development)
Information Systems and e-Learning Services
University of Glamorgan
Llantwit Road
Treforest
CF37 1DL
Tel: 01443 482417
Email: [log in to unmask]
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