Updated version at: http://refuted.org.uk/2013/10/12/withhold/
Plus: On Work Programme (WP)? Got/Getting a Job? Want to stop DWP/Jobcentre and or WP Provider harassment; getting paid?
http://refuted.org.uk/2013/10/23/providerharassment/
Brilliant letter to withhold or withdraw consent from DWP Work Programme Providers/Subcontractors
[Caution: Please do not post copies of the letter below anywhere else online, as it is always subject to amendment and revision]
Updated: 09 Feb 2013 (notes)
If you are referred to a Subcontractor, it is very important to give a copy of this letter to the Prime Provider as well.
—- start—–
(Your address)
My ref: (national insurance number)
Date:
Dear [Provider’s and or/Subcontractor’s name],
RE: Authority and Consent to Collecting/Gathering/Sharing/Disclosure of my Personal Information*
Part 1: Any Third Party, Outcome related payments and In-Work Support
As a DWP Work Programme Provider and/or Subcontractor, I write to confirm that I do not or no longer consent to [Provider’s and or/Subcontractor’s name] gathering or sharing my personal data, with any Third Party, for example an employer or another training provider, for the purpose of placing me into training/work and obtaining outcome-related payments from DWP, as there is no specific legislative “enabler” that gives [Provider’s and or/Subcontractor’s name] the Power to do this.
I confirm that I do not agree to any in-work support, contact with any employer or my progress in any employment to be tracked, including starting or leaving any job, for the purposes of [Provider’s and or/Subcontractor’s name] making any Job Outcome or Sustainment Outcome payment claims to the DWP.
Once I stop claiming Jobseeker’s Allowance I require you to desist from all forms of contact with me, as under Part 2, 5. (2) (b) of The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011,[1] my participation in the Work Programme ceases to apply.
Part 2: Collection and retention of my personal data
Customer Consent to Sharing/Disclosure of Personal Information
“Providers are reminded that they are required to obtain customer consent prior to their collecting of customer’s personal information and sharing/disclosure of such information with the Department [DWP/Jobcentre] and/or other providers.
These consents must be given by the customer before any information disclosure takes place.
Your organisation needs to make it clear to customers that giving consent is voluntary and that refusal to give consent or withdrawal of an existing consent will not affect any benefit they may be entitled to.”
Memo to DWP Providers (copy enclosed/attached)
Whilst the above memo was written in 2008, it relies on the basic Principles of the 1998 Data Protection Act and therefore remains as valid today as then.
On occasion I may not wish to allow [Provider’s and or/Subcontractor’s name] to collect/retain requested personal data that requires my specific, fully informed and freely given consent, therefore under the Employment, Skills and Enterprise (ESE) Scheme. [Provider’s and or/Subcontractor’s name] needs to investigate ways in which I can still participate in the ESE Scheme, without the personal data being collected/retained by [Provider’s and or/Subcontractor’s name]. [2]
If [Provider’s and or/Subcontractor’s name] wishes to collect/retain personal data not already held by the Department of Work and Pensions/Jobcentre Plus (DWP/JCP), please fully inform me in writing whether this collection or retention requires my consent. If you consider collection and retention of specific personal data of mine is a reasonable mandatory ESE Scheme activity, you are required to issue me with a Mandatory Activity Notification (MAN) [3] which clearly names the precise and specific personal data you want to collect/retain, to ensure certain policy, procedural and legal regulations are adhered to.
Part 3: To provide my personal data by only having to show it.
It may at times be a reasonable ESE Scheme mandatory activity for me to only show/provide [Provider’s and or/Subcontractor’s name] personal data specifically requested, you are required to issue me with a MAN which clearly names the precise and specific personal data you want me to show/provide, to ensure certain policy, procedural and legal regulations are adhered to.
Part 4: Evidence of employment
To restate I do not/no longer consent or authorise [Provider’s and or/Subcontractor’s name] or the Department of Work and Pensions or Jobcentre Plus to contact any employer to obtain evidence of my employment.
On 28th January 2013 ‘DWP Provider Guidance Chapter 5’ [4] guidance was updated, it confirms that my Written and Informed Consent is required before gathering or sharing my personal data, with any employer.
Part 5: DWP Memo WP029: Managing Disclosure of Information Objections
This letter is not about DWP disclosure of my personal data under section 3 of the Social Security Act 1998. Or your role as a DWP Data Processor under the Data Protection Act 1998. DWP Memo WP029 [5] does not address Part 1, Part 2, Part 3 or Part 4 of this letter.
Part 6: My disclosure to a Third Party
If [Provider’s and or/Subcontractor’s name] reasonably requires me to disclose my personal data with any specific Third Party,[6] for example an employer for the purposes of applying for a job or another training provider to assist me become more work ready, please supply me with sufficient written information and a MAN so I can share my personal data, with the Third Party myself.
Part 7: Your letter reply and potential complaint
I expect a letter from [Provider’s and or/Subcontractor’s name], within 10 working days, to formally acknowledge that I have withheld/withdrawn my consent specifically outlined in Part 1, Part 2 and Part 3 above. Failure to acknowledge my consent being withheld/withdrawn by letter will be treated as a Stage 1 formal Data Protection Act (1998) related Complaint.
DWP Framework Agreement for the provision of employment related support services.
24.3.11 notify the Authority [DWP] within five (5) Working Days if it receives:
…a complaint or request relating to the Authority’s obligations under the Data Protection Act.
http://dwp.gov.uk/docs/framework-draft-tandc.pdf
I take this opportunity to confirm I prefer future communication with [Provider’s and or/Subcontractor’s name] to be by letter.
Kind regards
[Your name]
References:
[1] The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 http://www.legislation.gov.uk/uksi/2011/917/contents/made
[2] ‘REED and my CV’
“If the claimant does not wish to provide this information it may be the case that, with
the provider, they can investigate ways in which they can still participate in the Scheme,
without the additional information being provided.”
http://www.whatdotheyknow.com/request/81833/response/225672/attach/html/2/FoI%202839%2008.11.11.pdf.html
[3] Mandation – Work Programme Providers Guidance
http://www.dwp.gov.uk/supplying-dwp/what-we-buy/welfare-to-work-services/provider-guidance/work-programme-provider.shtml
[4] DWP Provider Guidance Chapter 5 Evidencing/Validating Payments – Job Outcomes and Sustained Job Outcomes
Click to access pg-chapter-5.pdf
[5] DWP Memo WP029: Managing Disclosure of Information Objections
Click to access work-programme-memo-029.pdf
[6] Definition of ‘Third Party’
http://www.ico.gov.uk/for_organisations/data_protection/the_guide/key_definitions.aspx
Enclosed/Attached:
*Notices to Providers: Compliance with Data Protection Act and Information Disclosure
consent.me.uk/pages/providersnotice/
Securing your rights on Welfare to Work(fare) 