Could a Gandhi-style revolt against the Department for Work and Pensions work?
The person quoted below lodged what is commonly known as a Data Protection Act “Subject Access Request” – albeit originally via an FOI channel – in accordance with the DPA 2000, in order to gain access to the personal data and information that Ingeus will hold on him.
As the Wirral in it Together blog states, “Just imagine if one day, a powerful movement was created and set into process, whereby just 25% of hitherto targeted and oppressed unemployed citizens, singled out for ongoing abuse and detriment, turned the tables on their oppressors and bound them up in the minutiae of responding in detail to a Subject Access Request for every single individual – all justified – not vexatious – for serious purpose – and all done for correct and noble reasons and fully in keeping with their statutory rights and the law of the land?”
Remember – by law, these organisations have to respond, and within a certain amount of time.
What would be the effect?
In 2014 I had occasion to be referred to Ingeus on the Work scheme program. Basically I attended on interview but found work and I was for two years plagued by Ingeus for contact.
It struck me that the urgency of their phone calls, their attendance at my house TWICE might indicate, rather like Wirralbiz, that they be tempted to cheat a la A4e.
I asked DWP for the personal details of any claims made by Ingeus on my account-since they only had one initial interview. I will receive the data on 19th April as per the mailed letter to me from DWP.
It struck me that these ridiculous schemes “Back to work” etc would be stopped in their tracks by each individual unwillingly subjected to them requesting their personal data.
DWP would think twice about contracting such organisations, and the same be deterred from fraud, should each person request the data by FOI.*
A kind of Gandhi-like revolt.
Source: A “Gandhi-like Revolt” – against the DWP
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I believe there are exceptions for requests that are part of a campaign. Could be wrong.
“Where two or more requests are received for related information from the same person, or from a group of people acting as part of a campaign, the requests can be aggregated for the purpose of considering whether the cost limit applies.”
Tenuous? Maybe. They’d find a way out though.
If there was no evidence they were acting as part of a campaign – for example, if they were all requesting only information relating to themselves – then that would not apply. Nor would any claim of vexatiousness.
It would have to be proved that the requests were part of a campaign. That would be hard, unless the requesters were stupid.
If only I could get a printer, I would print out instructions for people to request their info, stand outside the main jobcentre where i live and hand them out. That would be awesome. Maybe of any of your readers could do the same, I am definitely going to try, I could buy a printer cheap.
If we all did the same then we could maybe shake up the nasty system!!! Wow I at last feel power surging through me! Thank you Mike!!!
If you were to do that, then the DWP would have reason to believe a campaign was being organised and rule every request vexatious. No thank you!
No Probs sorry. It was the only thing I could think of , i don’t use Facebook or the like because I am too afraid to expose myself that much, Though how is it at all possible for so many people to know about it? Even if all your readers make requests would it make a dent?
Why not just email the file that contains the form so people can do this outside every DWP Office.
Even if someone posts it on facebook, the DWP will easily find it and find some way of shutting the Idea down
But it could be posted on here?
The fly in the ointment could be the cost. Don’t know about the DWP but the likes of Ingeus or G4S would doubtless demand their £10 for a SAR.
in Principle yes,however knowing the machinations of the dwp as soon as they got wind of something like this they try and create a legal loophole to close that, as you have Theresa and the Excellent Tory/Conservative not so great repeal bill, not the we have consulted with anyone and asked there opinion bill that is why were bringing in Henry the 8th rules to push this through I would not give this horrible lot a reason to put that in this excellent bill
Just to explain, we’re not referring to FOI (Freedom of Information) requests here. These would be individual requests for personal data under the Data Protection Act 1998. I’ve been asking questions, and according to a respected DP professional…
“In regard to the DPA 1998, there is no provision to refuse requests on the basis that they are “vexatious” (unlike the FOIA). The only pushback is under s.8(3) “Where a data controller has previously complied with a request made under section 7 by an individual, the data controller is not obliged to comply with a subsequent identical or similar request under that section by that individual unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request”, having regard to the nature of the data, the purpose for which the data are processed and the frequency with which the data are altered, when determining “reasonableness”…….”
So it will be interesting to see if this gets off the ground, and how far it travels.
Valuable information; thanks!
This request is a data access request to deter the type of fraud for which several A4e employees were recently jailed ie forging of claimant signatures invention of nonexistent employers.
I cannot see how exercising a right to personal data can never considered as a campaign since such a request ought to be the norm. It would certainly encourage that mantra “Value for Money”