Morning All
Section 29 of DPA only gives an exemption against the non disclosure
provisions of section 27 and then only for detection prevention of crime,
etc. Disclosure under another enactment would actually be under section 35
unless the the investigation related to criminal proceedings.
As everyone else advises get the CSA to tell under which enactment they are
requesting the information. It has been known for Governemnt agencies to
actually quote the wrong legislation.
regards
Alan
Alan Stead
Service Manager-Information Governance
Nottingham City Council
Guildhall
Burton Street
Nottingham NG1 4BT
Tel 0115.9154943
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ronan Durnin
Sent: 10 July 2007 10:02
To: [log in to unmask]
Subject: Re: [data-protection] Child Support Agency[Scanned]
I would be inclined to ask for the specifics of the enactment under which
they are seeking access to that information - it might be useful to consider
the provisions of Section 29 of the Act.
========================
Ronan Durnin
Business Support Officer
NIGALA
79 Chichester Street
Belfast
BT1 4JE
(02890 316557 DDI)
[log in to unmask]
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From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Folan
Sent: 10 July 2007 09:59
To: [log in to unmask]
Subject: [data-protection] Child Support Agency[Scanned]
Colleagues,
CSA have asked me to confirm that an individual is a student here and to
give the individual's address and phone number to them. I have my doubts,
we've never told students that we would process information for these
purposes. CSA's request states:
"This request for information is made under child support law. Under child
support law it is a criminal offence if a person fails to provide
information when required to do so or knowingly provides false information.
Failure to provide this information may result in criminal proceedings being
taken against you." This seems like 'careful' wording: as though I should
read that I am 'required' to give information, but not actually told so. If
they said "You are required under child support law to meet this request for
information...", I'd take it that I was, but I have qualms about a request
that implies a right but where that right hasn't been established and is not
known to the student.
Any views? Would you disclose?
Cheers,
Paul
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