§ Mr. CohenTo ask the Secretary of State for Social Security if he will list(a) the organisations to which benefit information can be lawfully supplied by local authority, (b) the permitted lawful uses of benefit information by a local authority and (c) the organisations to which benefit information can be lawfully supplied by his Department. [11191]
§ Mr. HealdThe Department and each local authority must comply with the common law duty of confidentiality. This is backed up by the provisions of the Data Protection Act 1984 and section 123 of the Social Security Administration Act 1992, which will be extended by provisions in the Fraud Bill. Information on an individual's claim to benefit is given to a third party only where there is legislative provision, where a court order has been issued, where disclosure is in the public interest or where the person has given consent. Therefore, although there is specific legislative provision—much of it emanating from outside this Department—which allows local authorities and the Department to disclose benefit information in a variety of circumstances to a range of organisations, information can be supplied to any organisation when a person has given his or her consent.
An authority may lawfully use benefit information for the exercise of its functions relating to housing benefit and council tax benefit and in the exercise of other functions where this is lawful, whether by virtue of statutory authority or otherwise.