Section Sch6-7 — Social Security Act 2018: Matching of information obtained from employer

7 Matching of information obtained from employer (1) If MSD obtains information under a notice issued under clause 2 , and that information, when used in an information-matching programme, produces a discrepancy, MSD must not take adverse action against an individual in relation to that discrepancy— (a) unless MSD has given that individual written notice— (i) specifying particulars of the discrepancy and of the adverse action MSD proposes to take; and (ii) stating that the individual has 5 working days from the receipt of the notice in which to show cause why the action should not be taken; and (b) until the expiration of those 5 working days. (2) Subclause (1) does not prevent MSD from taking adverse action against an individual if compliance with the requirements of that subclause would prejudice any investigation into the commission, or possible commission, of an offence. (3) Sections 100 to 102 and 104 to 106 of the Privacy Act 1993, and the information matching rules specified in Schedule 4 of that Act, apply, with all necessary modifications, to any information obtained by MSD under clause 6 and to any information-matching programme using that information. (4) Despite rule 4 of those rules as applied by subclause (3),— (a) MSD must not be required to prepare more than 1 technical standards report in respect of information received from any employer or employers under clause 6 if the standards in that report are to apply to information so obtained from any employers generally; and (b) MSD must not be required to make that report available to any employer given notice under clause 6 , and nor must any employer of that kind be required to hold a copy of that report. (5) If MSD fails to comply, in relation to an individual, with subclause (1) or with any of the sections or rules applied by subclause (3), the failure must, for the purposes of Part 8 of the Privacy Act 1993 , be taken to constitute a failure to comply with Part 10 of that Act. (6) This clause does not limit section 103(1A) of the Privacy Act 1993 . Compare: 1964 No 136 s 11A(4)–(7), (9)