I agree with Tim – the DPA may be
involved to the extent that disclosing the invoice discloses personal data, but
I do not believe that this will breach the DPA. Either it’s a fraud or a
complicated misunderstanding that the company need to resolve. I doubt it could
be argued that it’s unfair or unlawful to inform a company how their money
was used, even if this involves a disclosure of personal data. It should be in
this person’s reasonable expectations, and telling them how their money
was spent is neither excessive or inaccurate.
Tim Turner
NHS Manchester
From:
This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On
Behalf Of
Sent: 16 August 2010 16:51
To: [log in to unmask]
Subject: Re: [data-protection]
Fraud?
Surely there is no DPA involvement? The cheque was a company cheque and
the company is entitled to know how the funds were applied.
What you are looking at here is potentially fraud. I suspect the
involvement of the police is appropriate, either by your organisation which has
realised now that a fraud has probably been perpetrated or by the company whose
cheque it was.
Am I missing a huge mantrap here? I am sure the DPA was not intended to
be used to hide a fraud.
On 16 Aug 2010, at 16:46, Cotterill, Steve wrote:
Hi,
We have received a letter from Company A, who want a copy of an invoice
relating to a cheque they have paid us of £500 (let's say). They believed the
cheque was for a license, however on receipt of the cheque, my unofficial
enquiries show that it's been correctly allocated to a Council Tax account and
there is no existing invoice for this license.
I believe that an employee of company A has gained authorisation to
raise this cheque by mis-informing them of what it was for, when actually it
was to pay his personal bills.
Where do I stand with informing the company of this? We have allocated
it correctly on the information we have received. Is there a way I can inform
Company A of how we processed the cheque without breaking any DP legislation or
do I just take the easy option and say we're 'correctly' allocated the payment
against a Council Tax account but send them a refund and chase the
'employee' for non-payment of his Council Tax account. If company A wish to
follow this up then they can get solicitors involved and I could use section 35
to release information if appropriate.
Comments welcome.
Regards
Steve
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Resources Directorate
Council Offices,
Beeston,
Tel: 0115 917 7777
Fax: 0115 917 3577
View our procurement page at: www.broxtowe.gov.uk/procurement
View our contracts notice board: www.sourcenottinghamshire.co.uk
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