Dear Department for Work and Pensions,
In response to FOI 4843 you stated:
"UC claims are kept open for 6 months in live service. The UC claimant can then retrieve their data via a Data Protection Request.
UC full service accounts can currently be accessed indefinitely."
Whereas in FOI 4859/IR 196 you state:
"The legislative reference you have asked for relates to the Fifth Principle of the Data Protection Act which states: 'Personal data for any purpose or purposes shall not be kept for longer than necessary for that purpose or those purposes.'
Depending on the data involved the Department will decide how long that data needs to be retained, according to the retention policy, whether it be for 6 months or 14 months or any other period of time.
But for UC, new claims will be held open for 14 months if there are no changes in circumstances."
1. Could you confirm whether the indefinite period of UC full service accounts as referred to under comes under FOI 4843 also comes under the Fifth Principle of the Data Protection Act and is thereby subject to the discretion of the DWP or if it comes under another section.
2.Please confirm whether under FOI 4859 this is purely talking about keeping a UC claim open ( eg so that it can be returned to under a Rapid Reclaim) or whether it also applies to the retention of data including journal entries.
This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct.
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
Should you have any further queries in connection with this request do
please contact us.
For further information on the Freedom of Information Act within DWP
please click on the link below.
Thank you for your Freedom of Information request.
FoI Reference: 4287
You can expect a reply by 6th November 2017 unless we need to come back to you to clarify your request or the balance of the public interest test needs to be considered.
If you have any queries about this letter please contact us quoting the reference number above.
DWP Strategy FoI Team
Your right to complain under the Freedom of Information Act
If you are not happy with this response you may request an internal review by e-mailing [DWP request email] or by writing to DWP, Central FoI Team, Caxton House, Tothill Street, SW1H 9NA. Any review request should be submitted within two months of the date of this letter. Please remember to quote the reference number above in any future communications.
If you are not content with the outcome of the internal review you may apply directly to the Information Commissioner’s Office for a decision. Generally the Commissioner cannot make a decision unless you have exhausted our own complaints procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow Cheshire SK9 5AF
www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745
Please see the attached reply to your Freedom of Information request.
DWP Strategy FoI Team
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.Donate Now