Brenda Two exemptions may be relevant. One, in relation to third party idetity, if the letter says things like "my tenant does this . . .etc" then it will inevitably identify the third party. As the removal of this data is not compulsory or automatic and you should consider whether the removal is reasonable, there are factors to consider, such as: 1) Would the landlord consent to the disclosure? Have you asked? 2) Are the claims maliciously untrue? Is the landlord out for revenge? 3) Would you breach the accused's human rights by not revealing the allegations? The second exemption is s29 in relation to criminal enquiries. Are you going to prosecute? Would releasing the data prejudice the prosecution? Would you have to reveal anyway in order to get a prosecution? Another consideration is the forthcoming (presumably civil) case. If the tenant needs the information for defence purposes, will s35 allow you to disclose for those purposes, thereby overriding the non-disclosure provisions? Incidentally, if the allegations turn out to be untrue (have you checked whether the tenant is on benefits and whether those benefits would be affected by the alleged activities?) the tenant could sue. Are the details you have retained (eg the rent arrears) relevant and not excessive in relation to the benefits system? If not, they should be deleted. Ian B Ian Buckland Managing Director Keep IT Legal Ltd Please Note: The information given above does not replace or negate the need for proper legal advice and/or representation. It is essential that you do not rely upon any advice given without contacting your solicitor. If you need further explanation of any points raised please contact Keep I.T. Legal Ltd at the address below: 55 Curbar Curve Inkersall, Chesterfield Derbyshire S43 3HP (Reg 3822335) Tel: 01246 473999 Fax: 01246 470742 E-mail: [log in to unmask] Website: www.keepitlegal.co.uk -------------- In a message dated 05/04/04 16:13:41 GMT Daylight Time, [log in to unmask] writes: > There is a forthcoming court case involving a landlord and tenant. The > landlord has written to our Housing Benefit section stating that the > tenant is overdue with his rent. The landlord has also said that he > believes the tenant is falsely claiming Housing Benefit for a number of > reasons that are stated in the letter. All these facts have been entered > on the notepad section of the Benefit system. The tenant has made a > Subject access request. The landlord has already sent him a copy of the > part of the letter relating to the overdue rent, but not the Benefit fraud. > > My question is, do we disclose the whole content of the notepad ? > > I would think we need to get the landlord's permission as I understand > from the Benefits section that he can be identified from the content. Does > anyone else have any views ? > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html If you wish to leave this list please send the command leave data-protection to [log in to unmask] All user commands can be found at : - http://www.jiscmail.ac.uk/help/commandref.htm (all commands go to [log in to unmask] not the list please) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^