Experian and benefit fraud
nbohm at ernest.net
Wed Aug 11 17:53:20 BST 2010
On 11/08/2010 17:37, Roland Perry wrote:
> In article <4C628114.2060206 at andros.org.uk>, Andrew McLean
> <lists at andros.org.uk> writes
>> I think my main concern about the latest proposal is information
>> leakage to the Credit Reference agencies. Even if they don't directly
>> exploit the information they are provided in order to carry out this
>> exercise, might they be able to exploit "derived data"?
> If they were allowed to, it might be tempting for agencies to reveal
> to their lender-clients that a person had fallen on hard times.
> Arguably those persons ought to tell the lenders this anyway (in some
> sort of "utmost good faith" sense), but there are some transparency
Borrowers don't have any general law disclosure obligation to their
lenders (loan agreements, unlike insurance ones, are not "utmost good
faith"); but some will have contractual duties under their loan agreements.
However, the fact that you may owe a contractual duty of disclosure to a
lender is no justification in law for a third party breaking a duty of
confidence owed to you for the purpose of making the disclosure you
ought to make, since the third party is a stranger to the contract.
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