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[Solved] Data protection

 
(@Obi_Wan)
Active Member Registered

Hi,

Just after a bit of advice after my wife has read something disturbing on netmums. What information can the CSA give to my ex in regards to my change in circumstances? The post in netmums goes onto descibe why the NRP has had a change in circumstances and amount due in payment because of a letter from the CSA. Surely this wouldn't be allowed under the data protection act? Any advice on this would be great and I am pretty au fait with the dpa.

Quote
Topic starter Posted : 16/01/2016 4:14 am
(@TashasHideousLaugh)
Reputable Member Registered

Hi it largely depends what this information is, and why/what purpose it was obtained.

Via
https://childmaintenanceservice.direct.gov.uk/site/public/clntfooter/privacygb/!ut/p/z1/hc5PC4JAEAXwz-LBq_MwW6TbEpFkFB0q20tobKu1ubL--_pJ3axobm_4vWFIUEKiTLtCpU1hylQP-STYOYhiHgF-vIx5AM7ifcgODJj7dByBxYYPINhF2MIHQOJfX4zI54UXwI_hoBUJpU32fpeX2SRUJKy8Siut19phnTdNVc9cuOj73lPGKC29i_Hau4tvpdzUDSVjS9UjwW2quzV3nCexBGUj/dz/d5/L2dJQSEvUUt3QS80TmxFL1o2XzRIS0FIMDAyS0dLQTQwQTZLVTg2VjYwMDQw/#disclosureOfInfo

"Regulation 9A of the Child Support (Information, Evidence and Disclosure) Regulations 1992 permits the disclosure of information given by one party to the other party, in certain circumstances.

Section 35 of the Data Protection Act 1998 permits the disclosure of information in any case where the disclosure is required by, or under any enactment, by any rule of law, or by the order of a court."

Obviously, the CMS have the ability to obtain certain financial information from HMRC (either as PAYE or self-assessment) - so again, it also depends what the original post (which you do not provide) meant by "circumstances". If this relates to someone's salary increasing - then yes, CMS would find this out (as part of an annual review or otherwise) and it would be obvious to the NRP if the maintenance they recieve went up "due to a change in your circumstances". Similarly for a decrease. Ditto if you had another child, the RP maintenance would decrease due to a "change in your circumstances".

But I am quite certain any information conveyed to the RP would not be detailed. It would likely say simply due to a "change in circumstances".

Hope that answers your question - but if not, could you provide more information on the type/nature of the information you are referring to?

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Posted : 16/01/2016 4:02 pm
Obi_Wan and Obi_Wan reacted
(@dadmod4)
Illustrious Member

The CSA informed me of a change in my ex's circumstances because suddenly she started paying me maintenance, and they also told me what she was earning (but if they hadn't I could have work out the net figure anyway by reverse calculation). They didn't tell me anything else, like who she was working for etc.

ReplyQuote
Posted : 16/01/2016 11:26 pm
(@TashasHideousLaugh)
Reputable Member Registered

The CSA informed me of a change in my ex's circumstances because suddenly she started paying me maintenance, and they also told me what she was earning (but if they hadn't I could have work out the net figure anyway by reverse calculation). They didn't tell me anything else, like who she was working for etc.

Hi - wow, quite surprised by that! But, as you say it can be "guess-timated" by reversing the calcs. Out of interest, could I ask if this was a recent (>2013) thing - or under the old CSA?

ReplyQuote
Posted : 16/01/2016 11:34 pm
(@Obi_Wan)
Active Member Registered

Hi, thanks for the reply. I cant find the post at the minute, but did read it and said tgat the NRP was now claiming sick pay and apologies, it wasnt in a letter, but over the phone. Surely this isnt right, and the fact it was over the phone is a breach of DPA and done underhandedly because of this. If it was in a formal letter there would be a record, and repercussions would occur.

ReplyQuote
Topic starter Posted : 16/01/2016 11:40 pm
(@dadmod4)
Illustrious Member

I had conversations with the CSA previously (when my ex was only paying the flat rate £5 per week) - they told me it was because she was in receipt of benefits, but they weren't allowed to tell me which benefits it was (I got the impression they would have liked to tell me - my ex did have a habit of trying to get out of paying), so I would say that they shouldn't be disclosing specific information.

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Posted : 16/01/2016 11:47 pm
Obi_Wan and Obi_Wan reacted
(@Obi_Wan)
Active Member Registered

I get that some stuff can be disclosed like that, that not the issue its if further stuff is disclosed as its not information for her to know. After ten years in a job, 8 of which we had a child and she claimed CSA from day 1 as we technically didn't live together I have left my job and working for myself. Im sure there will be grumbles down the line but since she has stopped my access again it doesn't matter to me how muchs she grumbles, just that my son is safe and happy. Im just appalled over the years of all the horror stories and some of my own problems initially with them and dont want any more bombshells.

ReplyQuote
Topic starter Posted : 16/01/2016 11:54 pm
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