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Mods,
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Been working quickly today finding out some critical information for a personal issue which I thought I'd share a small piece of for those who don't already know it:
A. Data Protection Act 1998 is governed by eight fundamental enforceable principles:
Personal data must be:
1. fairly and lawfully processed
2. obtained for specific purposes
3. adequate, relevant and not excessive for the specified purposes
4. accurate
5. not be kept for longer than necessary
6. processed in accordance with the data subject's rights
7. held securely
8. not transferred to countries outside the UK without adequate protection.
In ALL institutions the handling and processing of ALL data is the responsibility of the Data Controller. They have to ensure any staff who process data abide by the above principles, and they are responsible personally if anything is done incorrectly.
Where it applies to the DWP, look up Security Protocol No8 July 2006 for confirmation of the above. Also has to comply with Social Security Administration Act and the Human Rights Act.
THIS HAS MASSIVE IMPLICATIONS.
B. SAR's can often be avoided and £10.00 saved by making a request under the Freedom of Information Act (which is now part of the Human Rights Act 1998)
C. DWP and Statute Barred: overpayments made to you by the DWP whre they allege fraud - the DWP have 6 years to take you to court for this, after which they cannot take court action.
The debt never becomes Statue Barred, but can only be collected from certain benefits after 6 years.
If interviewed under caution by the DWP they have three choices:
1. to drop the case
2. to take you to court (within 6 years)
3. Or, agree not to prosecute you IF YOU AGREE to admit the offence and accept either a penalty or formal caution. (No. 15 Section 115A under "Offences, Penalties and Overpayments) of the Social Security Administration (Fraud) Act SubSection 2a states you must be "invited to pay a penalty, which if agreed will result in no further proceedings taking place."
Where they go back over 6 years they cannot take you to court, if you haven't agreed to admit the offence then they have only one course of action left.
D. Subject Access Requests (SAR) We all know they have 40 calendar days in which to respond. This means they can post the stuff out to you on the 40th day NOT that you have to have received the reply in 40 days.
Hope this may be of help to someone.
Feel free to move to a different forum.
Been working quickly today finding out some critical information for a personal issue which I thought I'd share a small piece of for those who don't already know it:
A. Data Protection Act 1998 is governed by eight fundamental enforceable principles:
Personal data must be:
1. fairly and lawfully processed
2. obtained for specific purposes
3. adequate, relevant and not excessive for the specified purposes
4. accurate
5. not be kept for longer than necessary
6. processed in accordance with the data subject's rights
7. held securely
8. not transferred to countries outside the UK without adequate protection.
In ALL institutions the handling and processing of ALL data is the responsibility of the Data Controller. They have to ensure any staff who process data abide by the above principles, and they are responsible personally if anything is done incorrectly.
Where it applies to the DWP, look up Security Protocol No8 July 2006 for confirmation of the above. Also has to comply with Social Security Administration Act and the Human Rights Act.
THIS HAS MASSIVE IMPLICATIONS.
B. SAR's can often be avoided and £10.00 saved by making a request under the Freedom of Information Act (which is now part of the Human Rights Act 1998)
C. DWP and Statute Barred: overpayments made to you by the DWP whre they allege fraud - the DWP have 6 years to take you to court for this, after which they cannot take court action.
The debt never becomes Statue Barred, but can only be collected from certain benefits after 6 years.
If interviewed under caution by the DWP they have three choices:
1. to drop the case
2. to take you to court (within 6 years)
3. Or, agree not to prosecute you IF YOU AGREE to admit the offence and accept either a penalty or formal caution. (No. 15 Section 115A under "Offences, Penalties and Overpayments) of the Social Security Administration (Fraud) Act SubSection 2a states you must be "invited to pay a penalty, which if agreed will result in no further proceedings taking place."
Where they go back over 6 years they cannot take you to court, if you haven't agreed to admit the offence then they have only one course of action left.
D. Subject Access Requests (SAR) We all know they have 40 calendar days in which to respond. This means they can post the stuff out to you on the 40th day NOT that you have to have received the reply in 40 days.
Hope this may be of help to someone.
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