Mark A White

Whatdotheyknow.com

Dear Mr White,

Thank you for your email of 19 December asking for the decision on the handling of your Freedom of Information request “DWP Policy for Correction of Inaccurate Data “ dated 11 December 2008 to be reviewed.

You also responded on 11 December seeking

“the name and contact details of the nominated officer of the DWP who can supply a full and lawful response to section 7,1,d of The Act concerning the logic used in Automated Decision Making as defined under The Act. And “…. Could you please clarify as to exactly who this person is by name and their contact details, as in address of business - and even which Secretary of State you are referring to? Please provide the requested information by the Request Deadline on 17 December 2008."

For completeness I have also answered these points in this letter.

I am the head of the Department's Central FoI Team and I have considered your original request completely afresh in the light of your request for a review.

I attach at Annex A a recap of your request and responses.

You wrote on the 19 December

“.. to request an internal review of Department for Work and Pensions' handling of my FOI request 'DWP Policy For Correction Of Inaccurate Data.

A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.whatdotheyknow.com/request/dwp_policy_for_correction_of_ina

The Information Requested has not been supplied and now is overdue under the time limits of the FOI.

In particular the claims that Automated Decision Making does not occur within the DWP is Manifestly wrong and requires an answer.

Also; "Thank you for clarifying that The Data Controller for the DWP is the Secretary Of State. Could you please clarify as to exactly who this person is by name and their contact details, as in address of business - and even which Secretary of State you are referring to?"

My decision

You asked for a copy of the policy document used by DWP to address inaccurate data and were told that the Department does not hold such a policy document but that the relevant provisions of the Data Protection are followed routinely when inaccurate data is identified.

I agree that a policy document is not held. However I set out below a related extract from guidance issued to staff in relation to handling subject access requests and which you may find helpful.

The data subject disputes the accuracy and/or the relevance of the data

282 If there is a dispute over the accuracy or relevance of the data, refer this to the appropriate officer to make the decision as to whether to retain, amend or remove the data.

283 The reason(s) for this decision should be noted on the clerical and system records and notified to the data subject. The DPO should be informed when this action has been completed.

284 If the disputed data is not to be destroyed for whatever reason, for example because it is correct, or accepted as incorrect but cannot be altered due to the limitations of the computer system, explain this to the data subject in writing.

285 Some customers dispute medical opinions provided by either their or the Department's doctor. DWP cannot change or delete this information and the customer should be advised that only the doctor who gave the opinion can do so. We are still required to make it clear on our records that the customer does not agree with this information/opinion.

You contend in your request for a review that the “claims that Automated Decision Making does not occur is manifestly wrong and requires an answer”.

The Data Protection Act gives any individual, a limited right to prevent significant decisions being taken about them solely by automatic processing. This affects only those decisions made by a computer where there is no human involvement in the decision.

I am satisfied that none of the benefit processing teams across DWP, including Employment Support Allowance (ESA), carry out any automated decision making. There are, however, automatic triggers which are produced for staff to take action on individual benefit claims and make decisions but these triggers do not constitute automated decisions.

You seek the name and contact details of the nominated officer of the DWP who can supply a full and lawful response to section 7,1,d of The Act concerning the logic used in Automated Decision Making as defined under The Act. I cannot supply you with a nominated officer's details because as explained above there is no automated decision making carried out by DWP.

Turning now to the points raised in your email of 11 December.

Exemption 21 of the Freedom of Information Act provides that information does not have to be provided in response to an FoI request if it is already reasonably accessible. The information you seek here is publicly available on the Department's website. However, I confirm that James Purnell is the Secretary of State for Work and Pensions and that he can be contacted at Caxton House,Tothill Street, London, SW1H 9DA or by email via the DWP website. Please see the details on the Department's website whch can be found at:-

DWP Ministers contact details

If you are not content with the outcome of my internal review you have the right to apply directly to the Information Commissioner to look into the way your request has been handled. The Commissioner can be contacted at:

Information Commissioner's Office email: [email address]”

Yours sincerely

Martin Dillon

Head of the DWP Central FoI Team

Annex A

Background

To recap.

On 17 November 2008 you asked for:-

“… a copy of the Policy Document used by the DWP to address Inaccurate Data as defined under the Data Protection Act 1998 so as to ensure that the DWP are Lawfully Processing Data. I also seek the name and contact details of the nominated officer of the DWP who can supply a full and lawful response to section 7,1,d of The Act concerning the logic used in Automated Decision Making as defined under The Act. I also seek the name and contact details of the DWP officer who has responsibility for ensuring that local Data Controllers in individual DWP offices comply with Subject Access Requests as per Section 7 of The Data Protection Act 1998.”

You were advised on 11 December that the Department for Work and Pensions does not have such a policy document so we could not provide you with one. The Department follows the relevant provisions in the Act whenever inaccurate personal data is identified.

The Department for Work and Pensions does not have any automated decision making. All decisions are made by decision making officers acting on behalf of the Secretary of State.

In accordance with the Data Protection Act 1998, there is only one Data Controller for the Department for Work and Pensions, this is in law the Secretary of State. The Department has a network of Data Protection Officers who handle subject access requests. Responsibility for complying with these rests with senior management in the part of the Department handling the request.

You disagreed with that response and wrote on 11 December stating

that you disagree that the Department for Work and Pensions does not have any automated decision making. You are presently dealing with cases where individuals have had benefit payments stopped because DWP computer systems have made automated decisions to stop payment as a result of the reorganisation of the DWP with the Introduction of ESA. DWP computer systems have requested that a reassessment be made of claim, The computer systems following program have requested this - staff due to overwork and lack of time have not acted - and as a result the DWP computer systems have stopped entitlement and payment through "Automated Decision Making " predetermined by their programming. You also state “ You claim that all decision are made only by Human Decision makers is "False".

It is self evident that "Automated Decision Making" is occurring and as such the DWP have failed to provide the information requested under the FoI request. The claims made can also bee seen as a Manifest Breach of The Data Protection Act itself. Please provide the requested information by the Request Deadline of 17 December 2008 - the information being;

"I also seek the name and contact details of the nominated officer of the DWP who can supply a full and lawful response to section 7,1,d of The Act concerning the logic used in Automated Decision Making as defined under The Act."

You then thanked us for clarifying that The Data Controller for the DWP is the Secretary Of State and asked us to clarify as to exactly who this person is by name and their contact details, as in address of business - and even which Secretary of State you are referring to?

Please provide the requested information by the Request Deadline of 17 December 2008.”

2

Website www.dwp.gov.uk

FoI 1330

19 January 2009