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Data Protection

This page provides information about data protection and the Council's Fair Processing Notice in relation to sharing data as part of the National Fraud Initiative.

Data Protection

The Data Protection Act 1998 sets out eight rules known as the 'data protection principles'. These principles require the Council to handle personal information safely. The law explains that the Council must:-

  • fairly and lawfully process information,
  • process information only for limited, specifically stated purposes,
  • use the information in a way that is adequate, relevant and not excessive,
  • use the information accurately,
  • keep the information on file no longer than absolutely necessary,
  • process the information in accordance with your legal rights,
  • keep the information secure, and
  • never transfer the information outside the UK without adequate protection.

The law provides stronger protection for more sensitive information - such as your ethnic background, political opinions, religious beliefs, health, sexual life or any criminal history. It is enforced by the Information Commissioner's Office, which can take action against any company or governmental body that fails to protect your information or that abuses its right to collect and hold that information. There is more information about data protection on the GOV.UK website.

Fair Processing Notice

Oadby and Wigston Borough Council is under a duty to protect the public funds it administers. We may share information provided to us with other bodies responsible for auditing or administering public funds, in order to prevent and detect fraud.

The Cabinet Office is responsible for carrying out data matching exercises.

Data matching involves comparing computer records help by one body against any other computer records held by the same body or another body to see how far they match. This is usually personal information. Computerised data matching allows potentially fraudulent claims and payments to be identified. Where a match is found it may indicate that there is an inconsistency which requires further investigation. No assumption can be made as to whether there is fraud, error or other explanation until an investigation is carried out.

The use of data by the Cabinet Office in a data matching exercise is carried out with statutory authority under Part 6 of the Local Authority and Accountability Act 2014. It does not require the consent of the individuals concerned under the Data Protection Act 1998.

Data matching by the Cabinet Office is subject to a Code of Practice. This may be found at https://www.gov.uk/government/publications/code-of-data-matching-practice-for-national-fraud-initiative

You can view further information on the Cabinet Office’s legal powers and the reasons why it matches particular information at https://www.gov.uk/government/publications/fair-processing-national-fraud-initiative/fair-processing-level-3-full-text

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