Data disclosure without consent Impact assessment

Currently waiting for a response from Department for Work and Pensions, they should respond promptly and normally no later than (details).

Dear Department for Work and Pensions,

I refer to your Guidance document - policy
'Universal Credit consent and disclosure of information' and
In particular, 'Where DWP can share your information without consent'.
The circumstances read ;
court orders, legal gateways, MP's engaging with Universal credit on their constituents behalf and public interest.

However,
GDPR requires any organization processing personal data to have a valid legal basis for that processing activity. The law provides SIX legal bases for processing: consent, performance of a contract, a legitimate interest, a vital interest, a legal requirement, and a public interest

It appears that DWP's disclosure omits Legitimate interest of landlords and skips onto only public Interest.

# I request disclosure of the policy decision and rationale for the DWP limited ( less than legally allowable ) provisions for handling personal data. #

It appears that if a binding tenancy agreement is in place, the U.C claimant will have a 'legal requirement' to be paying the Housing element of their UC to the landlord who will have a legitimate interest in information around such payments.

Yours sincerely,
Chris Daniel

DWP freedom-of-information-requests, Department for Work and Pensions

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References

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1. mailto:[email address]
2. http://www.gov.uk/dwp

DWP Policy Group Freedom of Information,

Our ref: FOI2020/70379

Contact email: [1][email address]

Dear Chris Daniel,

Thank you for your request for information which was received on 16th
November. Your request is being considered under the terms of the Freedom
of Information Act 2000.

You can normally expect a response to your FoI request within 20 working
days. However due to the current situation with COVID-19 it may not be
possible for us to reply to you within this timeframe.

The DWP will make every effort to respond to FOIs as we would usually but
the current situation may mean that available Departmental resources are
needed on other high priority areas.

We kindly ask for your understanding during this unprec edented situation
and we will aim to deal with your FOI request as soon as is practically
possible.

If you have any queries about this letter, please contact the department
using the email address and reference number above.

Yours sincerely,

DWP Central FoI Team

Department for Work and Pensions

References

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