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Recordings by claimants during
interviews, telephone calls etc
General
Claimant publishes recording on the internet
Text to include in letter to a claimant intending to publish, or who has
published telephone/video recordings on the internet
General
Claimants may seek to record a telephone conversation or an interview with
DWP either openly or covertly using digital recording devices such as
cameras, microphones and mobile phones. There are a number of reasons
why the Department should stop this happening in open plan public
spaces. Jobcentre Plus has particular guidance on this
here.
A key concern is that if the claimant is visiting DWP premises such as a
Jobcentre, and is using, or intends to use, their recording equipment, in an
open plan area they could record other claimants’ personal information. This
is not acceptable.
If the claimant insists on recording their interview, a private interview
room must be used. Where such a facility is not available on site and no
other solution is possible, arrangements to use an alternative Jobcentre Plus
office will need to be considered.
Staff should also be aware that interviews can be recorded where it is a
“reasonable adjustment” requirement under the Equality Act 2010. If
necessary speak to your local Disability Equality Adviser who can
facilitate this.
If a claimant indicates that they intend to make a recording of a conversation
or interview and staff involved are uncomfortable about being recorded, the
matter should be raised with local management. Another member of staff who
is less concerned about being recorded can take the call or conduct the
interview. This may take time and a future appointment may be necessary.
A claimant may resort to threatening to record, or actually record, telephone
calls or interviews as a last resort if they are unhappy about the way they
have been dealt with by DWP. It may be more appropriate to resolve the
underlying service issue in which case they may not feel the need to record
their dealings with DWP.
Letter to be issued to a claimant before a recording takes place (bear in
mind the possible need for alternative formats (where available) for
disabled claimants).
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You should alert the claimant that recording a conversation, may mean that
they take on legal obligations they are not aware of
. A letter [here] should
be issued to the claimant before the interview begins. (Or in the case of
already recorded telephone conversations as soon as possible
afterwards).
Claimant publishes recording on internet
In spite of guidance and warning notices about claimants not making
recordings in open plan public spaces, some may well do so without
permission and they may occasionally publish videos, photographs, voice
recordings etc of interviews or conversations with DWP staff on the internet.
If so they are exceeding the private and domestic use of such information
permissible under the Data Protection Act 1998. In this event, you should
write to the claimant adapting the letter below (for example, change the first
sentence to read;
It has come to the attention of the Department that you
intend to/have published on the internet recordings of your business with
DWP.)
Consider contacting the relevant Internet Service Provider (ISP) and ask them
to remove any such recording. Often the ISP will comply and remove the
content, though the claimant may still post the recording on a different
website.
The benefits of contacting the ISP(s) may be outweighed by the lack of impact
the content will have and so may not be proportionate or justifiable. However,
this will depend on the nature of the material and each case must be judged
on its merits. The Complex Case Advisory Service can advise in individual
cases where material has been published without consent and members of
staff have concerns about their own personal privacy or health and safety.
For guidance about the Department’s own routine recording of telephone calls
with claimants please click here.
Text to include in letter to a claimant intending to publish, or
who has published telephone/video recordings on the internet:
You have asked to have your interview with Departmental officials recorded. It
is your right to do so.
However, you should know that you are entitled to record your business with
DWP if the recordings are to be used by you for
domestic purposes only, that is your personal, family, or household affairs (including recreational
purposes),
Publishing the recordings on the internet, or in any other way, may not be
treated as a domestic purpose and may indicate that you are acting in law as
a data controller under the Data Protection Act. If you intend to make the
contents of your recording publicly available you need to notify the Information
Commissioner of your actions.
The Information Commissioner is Parliament’s independent regulator of the
Data Protection Act and he may take formal enforcement action to ensure
your compliance with the Act.
It is a criminal offence for a data controller
to process personal information if they have not registered this with the
Information Commissioner.
*[Please confirm to me that you have understood this letter and that no
[further] use of the material will be made on the internet. If not we intend to
alert the Information Commissioner to your unacceptable behaviour].
*[If you are not satisfied with the service that you have experienced from
Jobcentre Plus/ PDCS* then arrangements can be made for you to discuss
your concerns with a senior manager. Please let me know if you wish to
arrange such a meeting.]
* delete as appropriate