In House Provider Job Search Engines and the Data Protection Act.

The request was successful.

Dear Department for Work and Pensions,
Please explain in legal terms how the dwp can contravene the Data Protection Act by mandating work and health programme participants to use in house provider job search engines against their will or without their consent.Surely the dwp must act within the law at all times and therefore cannot ignore the protections afforded to participants of the scheme by the aforementioned act.

Yours faithfully,
D.Evans

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DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information request.

FoI Reference: 4792

You can expect a reply by 8th December 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.

Yours sincerely

DWP Strategy FoI Team
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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

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Please see the attached reply to your Freedom of Information request.
 

Yours sincerely
 
DWP Strategy FoI Team

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Dear DWP Strategy Freedom of Information,
In your reply to my foi request (4792) In House Provider Job Search Engines and the Data Protection Act you stated you're not relying on consent as a condition of processing but instead on provisions found in Schedule 2 and 3 of the Act which states that the processing is necessary for the exercise of any function conferred on any person by or under any enactment necessary for the exercise of any function of the Crown, a Minister of the Crown or a government department.Therefore please explain how you justify this when the ICO states on the 15/05/15 in reference to UJM that the reason why the DWP needs user permission (consent) to access their UJM account is because it could be used to have an adverse effect on their benefit claim,through benefit sanction and or loss of entitlement.Surely this ruling must now apply to the use of In House Provider Job Search Engines due to the Work and Health Programme Providers being able to bring a sanction doubt against participants of the scheme.Further more Principle 1 of the DPA requires the DWP, its contractors and subcontractors to process personnel data fairly and lawfully and not use the data in ways that have unjustified adverse effects on the individuals concerned.

Yours sincerely,

D .Evans

Frank Zola left an annotation ()

There's nothing in DWP reply https://www.whatdotheyknow.com/request/4... specific to "to use in house provider job search engines". Also phrase "to use in house provider job search engines" does not refer to registration on a specific site and or uploading personal data and references to who would have access, a "search engine" is like google and it is possible to search Jobmatch without an account.

You would probably get a more clear reply if you can identify a specific provider and the job search site that requires registration and uploading of personal data like a CV/personal profile and one that allows provider staff to see personal data of account holders and monitor and see use in the same way a registered user would, or even more, just like 'MyWorkSearch' and 'avantajobs' can. (details below)

Search jobmatch without an account
https://www.gov.uk/jobsearch
"accountant" result
https://jobsearch.direct.gov.uk/GetJob.a...
Clicking on 'Apply' is directed to
http://www.jobs.nhs.uk/xi/vacancy/?vac_r...
Therefore with this job no personal data is shared with Jobmatch/Gov and hence it would be possible to call Jobmatch as a 'job search engine' in this example.

Related FOIs:

"Guidance from @DWP: Data Protection Act means Jobcentre Jobseekers free not to use #MyWorkSearch without sanctions."
https://twitter.com/MyWorkSearch/status/...

"A CWP participant can not be mandated to register, set up an account or
agree to the website terms, conditions and privacy policy for MyWorkSearch. Consequently, should a participant refuse to consent to the terms, conditions and website privacy policy, they would not be at risk of benefit sanctions. "
https://www.whatdotheyknow.com/request/2...

“Work Programme participants are not mandated to use http://www.avantajobs.com and can therefore choose not to use this site…. If a participant wishes to stop using the website they can do so….where personal data is loaded onto http://www.avantajobs.com DWP remains the data controller…” [owner]
https://www.whatdotheyknow.com/request/1...

D .Evans left an annotation ()

Hi Frank
Thanks for the Info.But my request was in response to foi request 3936(ir 515) where the dwp responded that Work and Health Programme policy is to make the use of in house provider job search engines a mandatory activity for LTU participants.

Frank Zola left an annotation ()

Hi D .Evans,

"But my request was in response to foi request 3936(ir 515) where the dwp responded that Work and Health Programme policy is to make the use of in house provider job search engines a mandatory activity for LTU participants. "

3936
https://www.whatdotheyknow.com/request/4...

515
https://www.whatdotheyknow.com/request/4...

A specific site akin to Jobmatch needs to be identified, along with a the WHP provider using it to get the kind of info required. Currently the request is too generic as does not refer to any WHP participant having to register with a new job site and upload a CV or personal profile or sign up to such a site's terms and conditions and allow the WHP access to account users data.

With regards

"These freedoms include WHP providers having the discretion to mandate a participant to undertake any reasonable activity which, in their opinion, will enhance that participant’s prospects of employment. Such activity could include a requirement for that individual to use specific job search portals or websites on a mandatory basis
where that is seen as offering the best prospects for that particular individual."
https://www.whatdotheyknow.com/request/4...

These "specific job search portals or websites" could be third party websites/portals in which the WHP provider could have no access to account user personal data. Or provider sites like Jobmatch that would require WHP provider staff to have the consent of the user to access user activity and personal data.

Frank Zola left an annotation ()

Work and Health Programme job search portals or websites
https://www.whatdotheyknow.com/request/w...

DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information review request.

Please note that it is our internal target to answer reviews within 20 working days unless I need to come back to you to clarify your request, or the balance of the public interest test needs to be considered which we will keep you informed about.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

DWP Strategy FoI Team

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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

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DWP Strategy Freedom of Information, Department for Work and Pensions

Thank you for your Freedom of Information review request.

Please note that it is our internal target to answer reviews within 20 working days unless I need to come back to you to clarify your request, or the balance of the public interest test needs to be considered which we will keep you informed about.

If you have any queries about this letter please contact me quoting the reference number above.

Yours sincerely

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

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Dear DWP Strategy Freedom of Information,
Your reply to my foi request is long overdue.Please reply asap.

Yours sincerely,

D .Evans

J Roberts left an annotation ()

"These freedoms include WHP providers having the discretion to mandate a participant to undertake any reasonable activity which, in their opinion, will enhance that participant’s prospects of employment. Such activity could include a requirement for that individual to use specific job search portals or websites on a mandatory basis where that is seen as offering the best prospects for that particular individual."

This statement is silent on the type of computer a participant can be mandated to use. Does it refer to a 'cookie-free' Internet Access Device which, I believe, would not require consent for general internet browsing? If not, I believe consent would be required whether or not the participant is mandated to search particular websites with or without using a Universal Jobmatch type portal. In practice, however, many participants are likely to have already agreed in their Claimant Commitments to use cookie-gathering computers to search for jobs.

Just a thought!

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Please see the attached reply to your Internal Review request IR 657
 
Yours sincerely
 
DWP Strategy Freedom of Information Team

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Dear DWP Strategy Freedom of Information,
Thanks for your reply to my foi request 4792 but despite my use of the inappropriate word justify,you have failed to provide any recorded information legal or otherwise as to why you the DWP believe you can over ride a decision made by the ICO regarding this matter.I also once again refer you to Principle 1 of the Data Protection Act.

Yours sincerely,

D .Evans

Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Work and Pensions's handling of my FOI request 'In House Provider Job Search Engines and the Data Protection

I am still waiting for a reply to my follow up request reguarding this matter.Please reply asap.

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

Yours faithfully,

D .Evans

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

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.
 
[1]http://www.dwp.gov.uk/freedom-of-informa...
 

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DWP Strategy Freedom of Information, Department for Work and Pensions

Dear D Evans

Thank you for your Freedom of Information review request - IR 175

Please accept our apologies for the delay in replying to your internal review request. We made an administrative error.

It is our internal target to answer reviews within 20 working days of receiving the review request, unless we need to come back to you to clarify your request, or the balance of the public interest test needs to be considered which we will keep you informed about.

If you have any queries about this letter please contact us quoting the reference number above.

Yours sincerely

DWP Strategy FoI Team

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

IR 178 - Reply

Please see the attached reply to your Internal Review request on FoI 4792 & IR 175.

Yours sincerely

DWP Strategy FoI Team

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

IR 175 - Reply

Please see the attached reply to your Internal Review request on FoI 4792.
 

Yours sincerely
 
DWP Strategy FoI Team

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