DWP - Refusing a Subject Access Request

SMW83

Hi all,

long and protracted issue issue but I am of the belief I am being unjustifiably targeted/harassed by the DWP, which culminated in the DWP initiating an investigation into my personal circumstance which was then escalated to the Counter Fraud and Compliance Directorate (whom when completing said investigation advised there was no merit in the DWP’s investigation and I had no case to answer).

i therefore put in a Subject Access Request with the DWP requesting all information that pertained to the investigation. I have now received a response starting that under Section 7 (6) a of the Data Protection Act this information can be withheld from disclosure.

Can anyone advise where I stand with regards to obtaining this information.

Kind regards 

Pippa_Alumni

Hi @SMW83, hopefully a benefits advisor will be in touch soon, however we are not specialists in legal matters such as these, and so it may not be possible for us to assist you with the information you're looking for. However, you might find this law resource useful in finding a service that can help.

SMW83

@PippaScope Thank you for your reply. Unfortunately I do not live near to a Law Centre but having looked on their website, they offer alternative options and have contacted the Disability Law Service accordingly.

SMW83

Just a bit of an update that may be pertinent to any advice anyone can give. Having looked the Data Protection Act specifcally the section the DWP claim prevents them from providing me with this information, I understand this pertains to maintaining confidentiality of another individual, in this case I would assume is the person the DWP is inferring has reported me for benefit fraud. However, I have not requested this information but for any information that pertains to their reasoning for and any information related to the undertaking of this investigation. Whilst I do not believe that this investigation was borne of a report of Benefit Fraud and this may just be a tactic to prevent me from accessing this information, one would assume that I should be able to access this information with the individuals information redacted or removed entirely from said these documents.

BenefitsTrainingCo

Hi SMW83

I'm afraid i can't advise on this area of law as it is to do with data protection rather than the benefits rules themselves.

Hopefully another member of the community will be able to shed some light.

Thanks
David

tomm

They have a form for it  here,
https://www.gov.uk/government/publications/dwp-request-for-personal-information

It's seems this isn't new or just you https://www.whatdotheyknow.com/request/6132/response/14039/attach/html/2/FoI 57 White.doc.html
So if you have been trying to do this via the telephone, try filling out the form ,print it off and send it to the DWP get proof of posting (it's free)

SMW83

Thanks @tomm

I have already put this in writing specifying the information I require but it is being refused on a small part of Data Protection Law (of which I do not believe pertains to my request). However the DWP have made their rules & regulations so convoluted that is impossible to understand this unless you have a law degree!

tomm

You can request your own personal data, the DPA only deals with others asking for or using that data which ever goon at the DWP is citing this tripe hasn't been properly trained, you could make a formal complaint 

https://www.gov.uk/government/organisations/department-for-work-pensions/about/personal-information-charter

If the DWP fail to provide information requested using a SAR, within 40 calendar days, you can complain to ICO, see :https://ico.org.uk/for-the-public/personal-information