Social Welfare Consolidation Act 2005

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Sharing of information.

[1998 s14(1); 2000 s32(1)(b)]

265.—(1) In this section—

“data controller” and “personal data” have the meanings given to them by section 1 of the Data Protection Act 1988 ;

“information” means any personal data or information extracted from that data, whether collected before or after 5 February 1999;

“relevant purpose” means—

(a) for the purposes of determining entitlement to or control of—

(i) benefit,

(ii) a service provided by or under sections 45 , 58 , 59 and 61 of the Health Act 1970 or regulations made thereunder,

(iii) a payment under section 44 (3) of the Health Act 1947 ,

(iv) an allowance under the Blind Persons Act 1920 ,

(v) a grant awarded in accordance with regulations made under section 2 (as amended by section 3 of the Local Authorities (Higher Education Grants) Act 1992 ) of the Local Authorities (Higher Education Grants) Act 1968 , or

(vi) legal aid awarded under the Civil Legal Aid Act 1995 ,

or

(b) for the purposes of—

(i) making an assessment in accordance with section 9 of the Housing Act 1988 ,

(ii) a letting in accordance with section 11 of the Housing Act 1988 ,

(iii) the determining of rent or other payment in accordance with section 58 of the Housing Act 1966 ,

or the control thereof.

(2) A specified body holding information may share that information with another specified body who has a transaction with a natural person relating to a relevant purpose, where the specified body seeking the information provides the personal public service number of the person who is the subject of the transaction and satisfies the data controller of the specified body holding the information that the information requested is relevant to the transaction for that purpose between the person and the specified body seeking the information.

(3) A specified body may only seek information for the purposes of a transaction relating to a relevant purpose.

(4) Where information shared between one specified body and another is found to be inaccurate, the specified body on making the discovery shall confirm with the person the correct information and advise the other specified body of the amended information.

(5) A person who knowingly seeks or transfers any information held by a specified body relating to another by using that other’s personal public service number, other than where the seeking or transferring of information is provided for under this Act or any other enactment, is guilty of an offence.