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Mandatory Work and Health Conversation: Consent, right to private life & conscientious objection

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Dear Department for Work and Pensions,

RE: Mandatory Work and Health Conversation
https://www.whatdotheyknow.com/request/h...

For you mandatory Work and Health Conversation, what legislation can require a claimant to disclose
highly sensitive personal health data or face sanctions for the WHC if they do not wish the DWP to record their health data or treatment related thereto? Will claimants be able not to consent sharing their personal health and medical data on the basis of them wanting to maintain there Data Protection Act and Human Rights Act ECHR Article 8 Right to respect for private and family life and holding a well founded conscientious objection to sharing such data, noting the DWP already hold related data provided in the connected health and disability benefit claim?

When asked WHC questions by your work 'coach', if the claimants says 'no comment' to questions will they be at risk of a sanction? If at risk on what basis c/would a sanction apply and what legislation enables such sanctions?

Yours faithfully,

Frank Zola

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DWP Strategy Freedom of Information, Department for Work and Pensions

Dear Zola,

Thank you for your Freedom of Information request.

You can expect a reply by January 25th 2017 unless I 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 me quoting the reference number above.

Yours sincerely

DWP Strategy FoI Team

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www.ico.org.uk/Global/contact_us or telephone 0303 123 1113 or 01625 545745

-----Original Message-----
From: Frank Zola [mailto:[FOI #379047 email]]
Sent: 27 December 2016 12:27
To: DWP freedom-of-information-requests
Subject: Freedom of Information request - Mandatory Work and Health Conversation: Consent

Dear Department for Work and Pensions,

RE: Mandatory Work and Health Conversation
https://www.whatdotheyknow.com/request/h...

For you mandatory Work and Health Conversation, what legislation can require a claimant to disclose highly sensitive personal health data or face sanctions for the WHC if they do not wish the DWP to record their health data or treatment related thereto? Will claimants be able not to consent sharing their personal health and medical data on the basis of them wanting to maintain there Data Protection Act and Human Rights Act ECHR Article 8 Right to respect for private and family life and holding a well founded conscientious objection to sharing such data, noting the DWP already hold related data provided in the connected health and disability benefit claim?

When asked WHC questions by your work 'coach', if the claimants says 'no comment' to questions will they be at risk of a sanction? If at risk on what basis c/would a sanction apply and what legislation enables such sanctions?

Yours faithfully,

Frank Zola

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DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

 
 
 
Please find attached our response to your recent Freedom of Information
request.
 
Yours sincerely
 
DWP Central Freedom of Information Team
 
 
 
 

**********************************************************************

This document is strictly confidential and is intended only for use by the
addressee.

If you are not the intended recipient any disclosure, copying,
distribution

or other action taken in reliance of the information contained in this
email is strictly prohibited.
 
Any views expressed by the sender of this message are not necessarily
those of the Department

for Work and Pensions.

If you have received this transmission in error please tell us and then
permanently delete

what you have received.

This email was scanned for viruses by the Department for Work and Pensions
antivirus services and was found to be virus free.

Please note: Incoming and outgoing email messages are routinely monitored
for compliance

with our policy on the use of electronic communications.

**********************************************************************

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We don't know whether the most recent response to this request contains information or not – if you are Frank Zola please sign in and let everyone know.