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Contents

Official guidance
National Minimum Wage Manual

NMWM16000 · Disclosure of information

  • NMWM16010 · Introduction
  • NMWM16020 · Duty of confidentiality and the declaration of confidentiality
  • NMWM16030 · Lawful authority to disclose information
  • NMWM16040 · Sanction for unlawful disclosure
  • NMWM16050 · Ownership of National Minimum Wage information
  • NMWM16060 · Exchange of information with other HM Revenue & Customs’ teams
  • NMWM16070 · Legal gateways: providing information to another government department or public authority, including local authorities
  • NMWM16080 · Legal gateways: request for information from another government department or public authority, including local authorities
  • NMWM16090 · Memorandum of Understanding
  • NMWM16100 · No legal gateway: lawful disclosure in the public interest
  • NMWM16105 · Public interest disclosures for public health or public safety
  • NMWM16110 · Data Protection Act 1998
  • NMWM16120 · Data Protection Act: issues relevant to HM Revenue & Customs’ disclosures
  • NMWM16130 · Data Protection Act: requests for information
  • NMWM16140 · Data Protection Act: obtaining information from third parties (such as Local Authorities)
  • NMWM16160 · Data Protection Act: requests from third parties for HM Revenue & Customs’ National Minimum Wage information
  • NMWM16170 · Freedom of Information
  • NMWM16180 · Freedom of Information: requests for information
  • NMWM16190 · Human Rights Act 1998
  • NMWM16200 · Human Rights Act: information sharing provisions
  • NMWM16210 · Department for Business and Trade
  • NMWM16215 · Employment Agency Standards Inspectorate and the Department of Employment and Learning
  • NMWM16220 · Home Office and its associated organisations including the police
  • NMWM16225 · Home Office Immigration Enforcement (previously UK Border Agency)
  • NMWM16230 · Department for Work and Pensions
  • NMWM16240 · Child Support Agency and the Child Maintenance and Enforcement Commission
  • NMWM16250 · Health and Safety Executive
  • NMWM16260 · Fair Work Agency for Gangmaster's licensing
  • NMWM16270 · Department for Environment, Food and Rural Affairs and the Scottish and Northern Irish equivalents
  • NMWM16280 · Insolvency Service Disqualification Unit, liquidators, administrators and administrative receivers
  • NMWM16290 · Insolvency Service Disqualification Unit: what can be disclosed
  • NMWM16300 · External solicitors acting for the Department for Business and Trade
  • NMWM16310 · Orders from tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16312 · NMW Officer ordered to attend a tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16314 · Providing documentation to a tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16316 · Providing information as a witness to a tribunal (no direct HM Revenue & Customs’ involvement)
  • NMWM16320 · Civil and criminal proceedings (no direct HM Revenue & Customs’ involvement)
  • NMWM16330 · Orders from court: witness summonses and subpoenas (witness citations in Scotland)
  • NMWM16340 · Orders from court: requests for information not binding on the Crown
  • NMWM16350 · Lawful disclosure: disclosure with the customer’s consent (including for agents and personal representatives)
  • NMWM16360 · Procedure to obtain consent: written or verbal
  • NMWM16370 · Procedure to obtain consent at interview with customer and third party
  • NMWM16380 · Disclosure of customer information in correspondence with Members of Parliament (MP, MSP, AM, MEP etc.)
  • NMWM16390 · Telephone enquiries received from Members of Parliament
  • NMWM16400 · Protecting confidentiality when obtaining information from third parties
  • NMWM16410 · Protecting confidentiality when on the telephone
  • NMWM16420 · Bogus telephone calls
  • NMWM16430 · Criminal Records Bureau, Disclosure Scotland and police service Northern Ireland
  • NMWM16440 · Power of attorney
  • NMWM16460 · The Parliamentary Ombudsman
  • NMWM16470 · Charity Commission
  • NMWM16500 · Revenue & Customs Prosecution Office (RCPO)
  • NMWM16510 · Verifying information already held
  • NMWM16520 · Obtaining consent where the customer is deceased or if a company is insolvent or has been dissolved
  1. Disclosure of information: contents
  2. Disclosure of information: Freedom of Information

NMWM16170 | Disclosure of information: Freedom of Information

From HM Revenue & Customs · National Minimum Wage Manual

Relevant legislation

The legislation that applies to this page is as follows:

  • Freedom of Information Act 2000

General

The Freedom of Information Act requires the HM Revenue & Customs (NMWM02030) to make a special kind of disclosure to those outside the Department when certain information is requested.

It provides a general right of access for the public to information held by public authorities. HM Revenue & Customs is a public authority within the provisions of the Act.

Subject to certain exemptions in the Act, any person who makes a request to the department for information must be informed whether HM Revenue & Customs holds that information, and if so, the information must be communicated to them. Any request from a customer for disclosure of information under the Freedom of Information Act should be sent to your local Freedom of Information representative (NMWM16180).

Please note: the Freedom of Information Act does not set aside HM Revenue & Customs statutory duty of confidentiality and does not allow one customer to obtain information about another. The exemption in section 44 Freedom of Information Act ensures HM Revenue & Customs can withhold information which is covered by our duty of confidentiality (NMWM16020). A customer must never be given information about another customer.

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