Standard letter ESA65B and the GDPR and the Data Protection Act (2018)

Frank Zola made this Freedom of Information request to Department for Work and Pensions

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Dear Department for Work and Pensions,

RE: Template ESA65B letter
http://data.parliament.uk/DepositedPaper...

RFI 1: Due to GDPR and the Data Protection Act (2018) can you advise whether you will continue to send GPs the ESA65B letter without first explicitly obtaining the consent of claimant (data subject) to do so?

RFI 2: How do you obtain consent, from a claimant, to send an ESA65B to their GP?

RFI 3: How can claimants withdraw consent to stop the ESA65B letter being sent to their GP?

Ref: The GDPR sets a high standard for consent.
Explicit consent requires a very clear and specific statement of consent.
Keep your consent requests separate from other terms and conditions.
Be specific and ‘granular’ so that you get separate consent for separate things. Vague or blanket consent is not enough.
Be clear and concise.
Name any third party controllers who will rely on the consent.
Make it easy for people to withdraw consent and tell them how.
Keep evidence of consent – who, when, how, and what you told people.
Keep consent under review, and refresh it if anything changes.
Avoid making consent to processing a precondition of a service.
https://ico.org.uk/for-organisations/gui...

RFI = Request for information

Yours faithfully,

Frank Zola

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

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Dear DWP freedom-of-information-requests,

Please see below an amended request, which now has 4 requests for information rather than the original 3.

RE: Template ESA65B letter
http://data.parliament.uk/DepositedPaper...

RFI 1: Due to GDPR and the Data Protection Act (2018) can you advise whether you will continue to send GPs the ESA65B letter without first explicitly obtaining the consent of claimant (data subject) to do so?

RFI 2: How do you obtain consent, from a claimant, to send an ESA65B to their GP?

RFI 3: How can claimants withdraw consent to stop the ESA65B letter being sent to their GP?

RFI 4: How do you tell prospective, new and existing claimants they can withdraw consent to stop the ESA65B letter being sent to their GP?

Ref: The GDPR sets a high standard for consent.
Explicit consent requires a very clear and specific statement of consent.
Keep your consent requests separate from other terms and conditions.
Be specific and ‘granular’ so that you get separate consent for separate things. Vague or blanket consent is not enough.
Be clear and concise.
Name any third party controllers who will rely on the consent.
Make it easy for people to withdraw consent and tell them how.
Keep evidence of consent – who, when, how, and what you told people.
Keep consent under review, and refresh it if anything changes.
Avoid making consent to processing a precondition of a service.
https://ico.org.uk/for-organisations/gui...

RFI = Request for information

Yours sincerely,

Frank Zola

DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

FoI 2871

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

Yours sincerely
 
DWP Strategy FoI Team

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Frank Zola left an annotation ()

Update: ICO tells DWP to “stop” issuing the #ESA65B ‘fit-note’ letters
https://mrfrankzola.wordpress.com/2019/0...

ICO forces DWP to require claimant consent (“opt-in”) before #ESA65B ‘fit-note’ letters can be sent to GPs
https://mrfrankzola.wordpress.com/2019/0...