Universal Credit Review - data protection breach!
Comments
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We all agreed to the Claimant Commitments when starting Universal Credit.
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This is really interesting, great work. I don't know how to read legislation but I looked at the legislation (linked below) and I don't understand why it doesn't apply to us based on clause 38(1). Do all clauses (not even sure if they're called clauses) need to apply or just some?
https://www.legislation.gov.uk/uksi/2013/380/regulation/38/2020-07-13
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Does anyone know when the Claimant Commitment being referred to in order to justify demanding our bank statements was introduced?
The year and month would be greatly appreciated.
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Hi @lizzydripping
According to GOV.UK it was introduced on 14th October 2013🙂1 -
Hi Ann46.
Firstly, if you refuse to send your bank statements they can suspend your payments which is not what you want to happen. So my advice would be to send them but let the DWP know you are only doing so as you are being threatened with benefits suspension. Once you’ve sent the statements you can then make a complaint via email to the following email address;DATA.PROTECTIONOFFICER@dwp .gov.uk
as it relates to your personal data it goes to the data protection department.
Basically you want to ask the DWP what legislation they are using to demand bank statements (they’ll tell you it’s 38(2) but ask them to put it in writing as you have a right to know in writing what legislation they are using. You can also raise with them that you believe it is a breach of privacy laws. You can raise that you believe it is a data protection breach as it is your private information & it must be processed legally & fairly.
Just for your information, they MUST send you the personal information charter before receiving your bank statements. If they don’t, that’s a GDPR breach that you raise with the data protection department & ICO ( more on the ICO in a moment).Once you raise a complaint the DWP must reply to you within 30 days to a data protection breach complaint. If they haven’t responded by 30 days you then escalate your complaint to the ICO (information commissioners office) they investigate data protection breaches of all organisations/companies. Their telephone number is 0303 123 1113.
I hope this helps.
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Hi Sloppi,
38(1) is basically just a **** header that highlights that the claims & Payments legislation relates to everyone except job seekers & to anyone receiving payments on behalf of a claimant.Every **** section relates to a different situation, benefit etc.
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Hi Holly. Just an update for you.
I got a solicitor (I had to pay) to look into the legislation that the DWP are using. He agreed that the legislation is wrong & is a PIP legislation for health information gathering for PIP claims/reviews. So, the DWP, as very many people already know, are misusing legislation.The DWP asked me for more bank statements so I made another formal complaint, informing them of what my solicitor has said. I am still waiting for the DWPs response. I’ve been waiting months for a response from them, which turned into a second complaint & I have now raised a second complaint with the ICO based on what the solicitor said.
I believe the DWP are dragging their heels on purpose in responding to me as they know it could be a huge issue as hundreds of thousands of people have had to send in bank statements under threat of benefits suspension.2 -
Hi @TG0601
Thank you for replying and your help. I have written out a complaint letter and I was going to send it to the complaints department of dwp before complying with sending the bank statements. I haven't actually heard anything from dwp about why I haven't sent the statements yet. I don't really want them to suspend payments but don't think I want the stress of dealing with them either.
I was thinking of trying to work rather than dealing with all this in the future even though I have health conditions. Will it take them long to suspend payments if I don't send the statements do you know. I'm wondering if sending the complaint letter will make them act faster. I wasn't send any information charter with the request for statements.
Thank you for replying
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When did they want the bank statements by Anna? If you’ve missed the deadline I’d have thought you’d have heard from them by now. If you’ve haven’t heard from them, maybe wait until you do & put the complaint on then. They have to inform you that they’ve suspended your claim, so it’s odd that they’ve not been in touch. Yes it’s very stressful dealing with them. Dealing with health problems is tough enough. I just wish they understood that none of us want to be on benefits. I’d give anything to be well again & be independent as I was. I miss my career so much.
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Hi TG0601,
I am reaching out to you because it's obvious you very much know what you are doing.I have pasted this message further up this thread……
"I am currently going through the move over to UC from legacy benefits.Unlike with legacy benefits,it will be my local Job Centre that will deal with my UC claim.In this Job Centre there are five people that know me very well.With this in mind,some time ago i asked that i be dealt with by another Job Centre on the grounds that i did not want my personal details/problems being looked into by somebody who knows me.My request was flatly refused by my local JC and i was told that this was a "postcode" matter and it was impossible to use another JC…Now,some time down the line i have had a Commitments Interview booked with somebody who knows me VERY well indeed.My greatest fears have come true.This person has always been hostile towards me and now he has read my online application and knows about my very personal health problems.I have managed to get another interview booked with a different operative from the same Job Centre,but sadly the damage has been done."
—————————————————So,in short,somebody i know very well at my local Job Centre has got hold of my file,had a good look through it,then messaged me through my Journal to let me know she is in charge of my case. For me,this is a blatant infringement of conflict of interest rules.You mention emailing the DWP's data protection Officer further up this thread..In your opinion,would it be better for me to contact the Data Protection Officer direct,or lodge an,IMO,a futile complaint with my local Job Centre about how i have been treated? NB.. It is worth bearing in mind that the manager of the local Job Centre (who may deal with my complaint) and the person i am complaining about have been friends and colleagues for decades already. Thanks in AnticipationJW1 -
This is absolutely disgraceful!!!!!
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Hi JW. So sorry your comment was missed initially. It does look like you have grounds to make a complaint. It may or may not be a conflict of interest, but a perception of one & a real worry of potential bias is all it needs. Make notes of everything (sounds like you have) & if you feel compelled to you make a formal complaint to the DWP do so. If you feel your data has been compromised you can raise a complaint to the ICO (information commissioners office) for them to investigate the DWP. Usually the ICO will tell you to wait for a response to a complaint before you raise a complaint with them. Because it’s data related, the DWP have to respond within 30 days. If you are not satisfied with the DWPs response you can escalate to the ICO.
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Thanks for the reply.Sorry to be a pest but i have two queriues…
1.Would it be best for me,in the first instAnce,to complain to the Job Centre involved,or email the Data Protection Officer direct?
2.What would i have to gain even if my complaint is upheld?
Thanks agAin
JW.
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I would complain to the job centre first. See what their response is, then escalate the complaint to the data protection department or complaints department. If your complaint is upheld by the DWP do you mean? If it’s upheld that means you will have an impartial coach.
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Thanks for the reply.
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Can I ask what is Scope view on this?
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I get why these checks are done due to fraud etc, I've seen many posts here and elsewhere with people panicking due to undeclared property, capital that hasn't been reported etc.
However as a claimant it's a gross invasion of privacy and humiliating to have to submit full bank statements and be quizzed about how I spend my money - all but one of my questions related to household bills or a window cleaner who costs me the grand sum of £12pm!
I'd love to see these checks stopped especially as it seems they have misappropriated legislation meant for something else as justification for being allowed to do so.
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Thank you so much for sharing your update with us @TG0601. I'm so sorry you're having to go through this.
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Exactly. When I had my review I was asked about a £10 payment to a window cleaner, a £10 payment to my nephew & mother. When the ICO (information commissioners office) asked the DWP to consider redacted irrelevant information to ensure privacy rights, which the DWP agreed to look at, then decided not no….that tells you everything. It’s so wrong. I have a meeting with a GDPR lawyer tomorrow.
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it’s a disgrace Holly. They still are prepared to break GDPR law regardless of what my solicitor has said. They are not processing data legally or fairly. It’s getting to a point now where I’m wondering if a big group legal action could take place. People can’t afford to fight legal cases on their own, but a big group could. Like the post office group action. Something has to be done to stop this.
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