Torbay Council is required by law to protect the public funds that it administers. It may share information provided to it with other bodies responsible for auditing or administering public funds, in order to prevent and detect fraud.

The Audit Commission appoints the auditors to audit the accounts of this Authority. It is also responsible for carrying out data matching exercises. Data matching involves comparing computer records held by one body against other computer records held by the same or another body.

Computerised data matching of personal data allows fraudulent claims and payments to be identified. Where a match is found it indicates that there is an inconsistency which requires further investigation. For the 2008/2009 NFI exercise, the following personal data, will be provided to the Audit Commission.

Any personal data in the categories will be submitted to the Audit Commission from local computers using a secure electronic upload facility.

Access to the information provided will be on a strictly confidential and need to know basis and the information (including the results of the data matching exercise) will be retained within the Audit Commission for the duration of the initiative. Auditors may decide to retain some data for example for the purpose of a continuing investigation or prosecution. After all of the processing has been done the data will be destroyed and rendered irrecoverable by the Commission. This is done promptly and in any event will be done within the space of six months of the conclusion of the exercise.

The use of data by the Audit Commission in a data matching exercise is carried out with statutory authority under its powers in part 2A of the Audit Commission Act 1998. It does not require the consent of the individuals concerned under the Data Protection Act 1998. The Commission is also entitled to use the data without consent under the Serious Crime Act 2007.

Data matching by the Audit Commission is subject to a code of practice. Visit the Audit Commission: Code of Data Matching Practice  website for further information.

For further information on the Audit Commission’s legal powers and the reasons why it matches particular information, visit the Audit Commission: Data Matching Exercises - Fair Processing Notice Full Text  website.

For further details on how the Council processes personal information contact the Council’s Information Governance Team or visit the Access to Information pages.