These agencies can quote the Data Protection Act all they like, whether s.29
or s.35 (which they probably meant instead of s.34), but that does not mean
that you should or must provide the information they are asking for. The
point is that those sections do not require you to make a disclosure, and
never can. What they say is that a disclosure does not contravene the Data
Protection Act if it is made because the law requires you to (s.35) or in
connection with the "crime and taxation" purposes (s.29).
What they therefore have to demonstrate is either that you are required by
law to disclose, in which case you have no choice, or that they have good
reason to ask under the crime and taxation purposes, in which case you are
allowed to disclose but can freely decide not to. Any reference to the Data
Protection Act is either confusion at their end, a deliberate attempt to
confuse you, or a kindly reminder that the provisions exist, but it is
meaningless without evidence of the reason why they think you must or should
disclose.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Hitches, John F" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, April 12, 2005 2:36 PM
Subject: Council Benefit Investigation Teams
I have been speaking with a Borough Council investigation who wrote to
the University requesting information about various students. The letter
said that they were conducting a criminal investigation and requested
disclosure under DPA Section 29.
The investigation is part of a national fraud initiative matching
payment of student loans to claims for housing benefits etc..
I have been told that some universities / colleges are responding
without question whereas my questioning of why they should be given this
data was not welcomed and I have been threatened with a call from the
Audit Commission which I eagerly await!
Coincidentally I have also received a fax from a a company which appears
to be an agency for a council. They give no reason for their request
whatsoever but simply ask for confirmation that a person is studying and
refer to sections 29 and 34 of the Act.
I would be interested to know of other HEIs experience of such requests
and whether or not you do respond under section 29. Perhaps some of the
local authority people on the list might also like to comment on these
approaches by their council colleagues.
John F Hitches
General Administrative Manager
Kingston University
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