Overpayment tracing and s29 Data Protection Act

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    We are looking to use credit referencing to trace OP debtors.  The question has arisen is the recovery of HB OP's covered by s.29 exemption of the DPA?

    Anyone got any thoughts?

    Cheers, Keith


    This has come up before – quite a while ago now in this office.

    I believe that an authority had found a loophole in Section 29 that would allow them to request information for the recovery of HB OPs in the same way that information to enable CTax recovery is used.

    I have not heard any more about it though and so assumed that actually it is not possible.

    The act refers to “Prevention and Detection” “apprehension and prosecution” “Collection of tax or duty”

    so – Fraud officers can used the act to assist in the investigation as they are covered by the first two parts above, but I do not think that HB OPS are covered by any of them


    Hi Caroline,

    I seemed to remember something coming up a while ago, but for the life of me couldn’t remember what! My initial thoughts were not exempt from DPA, but thought someone may have found a way round it!

    Thanks for your reply


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