When does the head of the Support Bureau need the consent of the person concerned to use computerised public records, and when may records be sought without consent?
General information · Not legal advice
Material to check
In the practice file, we read the advance payment application, any signed consent by the applicant or recipient to use resident registration, family relations, immigration, military or corrections networks, the notice telling the recipient of an advance payment that data was provided to the Bureau, and the request sent to the relevant central administrative agencies or local governments, since each turns on a different paragraph.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading confines consent to confirming grounds: to confirm that a ground for advance payment has arisen, changed or been lost, the head of the Support Bureau may use the networks or data the Presidential Decree designates only where the person concerned has consented, and may then ask the heads of relevant central administrative agencies, the Court Administration, local governments and other bodies to cooperate, which they must do absent a good reason.
Another reading finds a consent-free route in the forced-collection paragraph: where an advance payment was obtained by falsehood or another improper method and is being recovered by compulsory collection, the head may request the same agencies to cooperate without anyone's consent, so the file has to show which purpose the data was sought for, and the head must tell the recipient that the data was provided.
Your judgment
If the file shows a cooperation request sent without consent, what in the papers shows it was made to recover an advance payment rather than to confirm the grounds for one?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change where consent is required, or if a court decision decides when network data may be used without the person concerned having agreed.