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 Tim Trent
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, Foster Avenue,

Beeston, Nottingham, NG9 1AB

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

Payments to Suppliers are published at http://www.broxtowe.gov.uk/paymentstosuppliers

 

Internal Users only - View our Procurement Intranet page at: http://intranet/index.aspx?articleid=2754

 

 


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