Powers and procedures

The powers and procedures in question are in place to help us to effectively recover and receive relevant materials in fraud investigations.

Asking the organisation affected

The first step in obtaining evidence is to ask for it.

An organisation that has been a victim of fraud may well provide the evidence to assist in an investigation. Depending on the strength of the organisation’s policies and procedures, they may also have the authority to search employees’ lockers and the person themselves.

Legislation

The Data Protection Act (2018 Sch.2) – formerly section 29 of the 1998 Act – provides an exemption that allows data controllers to share requested information for:

• The prevention or detection of crime, apprehension or prosecution of offenders or the assessment or collection of a tax or duty or an imposition of a similar nature.

While this does not compel companies to share information, they often will.

Some counter-fraud professionals will have other prescribed powers associated with their roles, such as ‘authorised powers’ under the Prevention of Social Housing Fraud Act 2013, which might enable them to compel organisations to provide the required information.

Powers and procedures available to everyone ​

• Asking​
• Employer policy​
• Data Protection Act 2018 Sch. 2​
• Other prescribed powers​

Powers and procedures available to law enforcement​

• Police and Criminal Evidence Act 1984 sections 8, 9, 18, 19, 32
• Proceeds of Crime Act 2002 sections 345, 352​
• Criminal Justice and Police Act 2001 section 52​
• Serious Organised Crime and Police Act 2005 section 62