Lee
For clarification I was quoting both the fraud route as well as the
recovery of monies route (obviously in this case we are talking about
recovery of monies from staff which as I stated in my email is no
different to recovery of monies from members of the public - the same
rules apply and there is an exemption under DPA for LAs to pursue the
recovery of outstanding monies and the process and methods of doing so
(obviously all with the DPA framework of course).
Many thanks
Trish
Trish-louise Bailey (MSc)
Information Governance (IG)
(responsible for: Information Sharing & Confidentiality, Informtaion
Security, Information Quality & Assurance, Data Protection, Freedom of
Information, Records & Information Management)
From: Lee Gardiner [mailto:[log in to unmask]]
Sent: 03 November 2009 16:08
To: Bailey, Trish; [log in to unmask]
Subject: RE: [data-protection] FW: data matching - ctax to payroll
Not sure I totally agree with what Trish has said as non-payment of
council tax isn't automatically fraud so I doubt the NFI would
necessarily be applicable in the majority of cases.
What if someone changes their bank account and misses a council tax
payment for example and it isn't picked up straight away? The fault
could equally lie with the council so I personally think using the NFI
in this instance is a tad thin.
I'm aware of cases where council tax payers refuse to pay their arrears
as they believe they are incorrect etc or they feel they do not get
value for money from their LA, does that make them guilty of fraud? A
civil offence maybe but not fraud.
I think you'd be better served looking at s29 or s35 to be honest as
they give you far more scope.
Just my tuppence.
Lee
Lee Gardiner
Corporate Records Manager
NHS Wirral
St Catherines Hospital
Church Road
Birkenhead
Wirral
CH42 0LQ
T: 0151 651 0011 x1462
M: 07891718879
[log in to unmask]
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bailey, Trish
Sent: 03 November 2009 15:57
To: [log in to unmask]
Subject: [data-protection] FW: data matching - ctax to payroll
For the List as well - FYI
Many thanks
Trish
Trish-louise Bailey
Information Governance (IG) Department
(responsible for: Information Sharing & Confidentiality, Informtaion
Security, Information Quality & Assurance, Data Protection, Freedom of
Information, Records & Information Management)
Telford & Wrekin Council
Civic Offices, PO Box 59
Telford, TF3 4WZ
www.telford.gov.uk
em: [log in to unmask]
tel: 01952 382535
mb: 07528 969455
From: Bailey, Trish
Sent: 03 November 2009 15:56
To: 'Henley, Lee'
Subject: RE: data matching - ctax to payroll
Lee
This should form part of the LA function under the National Fraud
Initiative. ICO sent out a Data Matching Template for public sector to
fill in to attach to their DP Register for "data matching". It is part
of identifying and combating fraud and is covered as an exemption under
the DPA in this context. Checking to see if staff has paid their
council tax (recovery of public monies) is no different than running a
data match against whether members of the public is paying their council
tax (still recovery of public monies also covered under DPA).
Hope this helps
Many thanks
Trish
Trish-louise Bailey (MSc)
Information Governance (IG)
(responsible for: Information Sharing & Confidentiality, Informtaion
Security, Information Quality & Assurance, Data Protection, Freedom of
Information, Records & Information Management)
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Henley, Lee
Sent: 03 November 2009 15:33
To: [log in to unmask]
Subject: data matching - ctax to payroll
Has anyone considered doing a data match of outstanding Council Tax
against Payroll? This match has been requested in my authority to
identify if employees owe Council tax with a view to enabling attachment
of earnings to speed recovery.
Any data protection advice on this would be welcome.
Regards
Lee Henley
Information Manager
Telephone: (01375) 652500
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