Data protection!

Myown

CSA told me they cannot tell me how much my ex husband earns due to data protection. I told them I dont want to know.
I then received a letter telling me how much I am entitled to as my ex husband takes home xxx.xx amount each week how can this not be breaching data protection?

borders_dude

Myown wrote: »

CSA told me they cannot tell me how much my ex husband earns due to data protection. I told them I dont want to know.
I then received a letter telling me how much I am entitled to as my ex husband takes home xxx.xx amount each week how can this not be breaching data protection?

I am an NRP who has a case under old old rules.

As I understand it the PWC does get to see some personal information when an assessment is completed. There is provision for this in law therefore although it is a breach of the spirit of data proection act it is NOT a tecnical or unlawful breach. The CSA are entirely right to disclose certain peices of information to the PWC, in law atleast.

I personally object to my financial details etc being disclosed either partially or entirly to my ex in the same way as i object to my parents etc knowing the ins and outs of my finances, I believe it to be a private affair, but the law is the law.

You are welcome to challange the procedures of the CSA for providing the disclosure but they will advise you that they have the power to do so by Act of Parliament.

If you wish to challange the Act of Parliament which allows this, good luck to you! You wont get very far!

shell_542

The case probably is that they cannot disclose his income details on the basis of "Oh Mr XXX earns £XX a month just to let you know" but they are able to include the details as information in the assessment.

I don't agree with so many details being disclosed ... but then on a new case, it isn't actually that difficult to work out how much the net income is, if you have all the factors, ie. how many children are being paid for, how many children live with the NRP, how many nights the children stay with them ...

Although that isn't to say that the CSA never breach Data Protection. It is clearly evident on this forum alone that they are terribly guilty of breaching the DP act.

kelloggs36

It is because you have the right of appeal against the decision if you think it is wrong - how can you think it is wrong if you don't have the details?

millwall34

borders_dude wrote: »

You are welcome to challange the procedures of the CSA for providing the disclosure but they will advise you that they have the power to do so by Act of Parliament.

I have a feeling the CSA, being a government agency might be exempt from the Data Protection Act

Section 29(5) of the Data Protection Act 1998

Part IV - EXEMPTIONS




(5) In subsection (4)—

• 
  (a)
• a government department,
  
  (b)
  a local authority, or
  
  (c)
  any other authority administering housing benefit or council tax benefit.
  
  
  

borders_dude

millwall34 wrote: »

I have a feeling the CSA, being a government agency might be exempt from the Data Protection Act

Thats what I said isnt it (you quote me).

borders_dude wrote: »

There is provision for this in law therefore although it is a breach of the spirit of data proection act it is NOT a tecnical or unlawful breach. The CSA are entirely right to disclose certain peices of information to the PWC, in law atleast.