I tink Ian has hit another valuable point with his rewording to ensure
'professional language'.
I always train staff to 'get it right first time' when recording
information.
If it's recorded and collected right in the first place, it can save a
lot of data protection problems in the long run (ie derogatory comments
disclosed via subject access, or secondary purposes where consent has
not been obtained - and no other condition applies, fairness)
this can be overcome with two steps
1 - reviewing form design (for fair processing, purposes, adequacy,
relevancy, excessiveness, too 'open' questions etc)
2 - staff training in use of proffessional language. Staff should be
aware that even the casual email or memo they write to their mates at
work has the potential to be disclosable and should conduct themselves
accordingly.
My favourite example of this is in my previous employment, where an
individual had stated - ' this woman is obviously as mad as a box of
frogs' - on a memo that was then asked for under section 7, and, as it
was recorded in her file, disclosed.
The trouble this caused could have been avoided had the individual said
- 'in my non-professional opinion, I believe this lady may showing
symptoms of mental instability, such as...' Also statements, based on
facts rather than subjective opinions are always a better way to record
information.
Regards
Ralph T B O'Brien
Group Data Protection Officer
Metropolitan Housing Group
020 8829 8070
[log in to unmask]
Cambridge House
109 Mayes Road
Wood Green
London N22 6UR
www.mht-group.co.uk
Views expressed may be those of the sender and may not reflect
Metropolitan Housing Groups policy.
>>> <[log in to unmask]> 12/08/2004 09:24:58 >>>
In a message dated 11/08/04 15:35:22 GMT Daylight Time,
[log in to unmask] writes:
> Investigation into alleged CT fraud - derogatory comments on form
have been
> made as to the individual's answers i.e. they are obvious lies. This
is an
> ongoing investigation. He has now requested details of all his
information,
> I presume we can withhold some of the information as it could be
detrimental
> to the outcome of the investigation i.e. you don't tell him what you
are
> doing to detect this fraud/crime.
>
----------
You can use s29(1)(a) or 29(1)(c) depending upon your intentions. If
you
intend to pursue a prosecution for the fraud, part (a) allows you to
withhold any
information that would prejudice the prosecution. You will, of course,
have
to reveal it under disclosure rules of the court. Not all the data you
have
is likely to prejudice the action so you may have to reveal part of the
record,
eg the amount owed, last payment made, etc
Sub-subsection (c) allows you withhold anything likely to prejudice
the
assessment or collection of any tax or duty or of any imposition of a
similar natu
re. CT has been recognised as an "imposition of a similar nature" and
therefore the exemption applies even where a criminal prosecution is
not your
intention. Please remember though the Human Rights Act which will
probably force you
to reveal information to the alleged perp at some stage. You can't
say, for
example, "you may as well pay up, we have enough evidence" without
revealing
it.
The derogatory comment "the answers are obviously lies" could have
been
worded as "we have evidence proving that these answers are untruthful"
and then
that too could probably have been withheld (I'm assuming that evidence
exists).
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the
need
for proper legal advice and/or representation. It is essential that you
do not
rely upon any advice given without contacting your solicitor. If you
need
further explanation of any points raised please contact Keep I.T. Legal
Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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