Dear Department for Work and Pensions,
For your Health and Work Conversation booklet (HWC1 1/17)
On page 2 of the booklet it asks:
"How does your health affect your life and your ability to work?"
On page 4 "My 4 steps" it says:
"Step 3 – Obstacle
(This means ‘what is stopping you’)
This is about what is stopping you from getting what you want in
. It’s something
within you that you have some control over, and you’re able to do something about it, even
though it is difficult. It could be a habit, something you believe in, or a feeling you have.
Take a moment to imagine what is stopping you."
Page 2 and 4 are asking a claimant to disclose (write down) sensitive personal data, please provide details of legal basis the DWP can prompt claimants to record this data and for all practical purposes discuss it with the Work Coach who will then use these page 2 and 4 disclosures and associated conversation to devise a claimant commitment and action plan that will record and refer to this sensitive data on the DWP computer and clerical systems.
Do you provide any information to claimants that they are not required to disclose sensitive personal data, concerning their health and disability, at or prior to the HWC? Please provide copies of such a notice or information.
In FoI 1331 your reply said:
"The HWC is claimant led so claimants can decide whether they want to discuss their health or set a health related goal"
"If claimants do not wish to discuss their health condition then the work coach will tailor the discussion based on what the claimant is comfortable sharing."
and in FoI 4883 you said:
"Claimants will not be expected to disclose sensitive personal health data as part of the Health and Work Conversation (HWC). "
"The Health and Work Conversation is claimant led, if a claimant feels uncomfortable answering some questions in the Health and Work Conversation they will not be referred for a sanction. "
Will a claimant undergoing a mandatory HWC, who does not want to disclose, write down on or discuss and health and disability sensitive personal data get referred for a benefit sanction? When they are happy to engage with all other aspects of the HWC?
On the HCW booklet it says
"You and your work coach will use simple tools to talk about an
action that you want to do, and plan how you can do it. "
Please disclose a copy of these tools such as the action planning exercise and a summary of what they are, together with a copy of the guidance your Work Coaches uses to conduct and prepare for a claimant led HWC.
If you use a customised Claimant Commitment for the HWC, please disclose a copy and a copy of any specimen copies you use for HWC training purposes.
Please disclose a copy of any information you hold that a Work Coach merely prompting a HWC claimant to discuss their sensitive personal data means the DWP is NOT "processing" this sensitive data within the meaning of the Data Protection Act?
How does the DWP record that it has a HWC claimant consent to process their sensitive personal data?
What conditions need to be met in respect of sensitive personal data?
The individual whom the sensitive personal data is about has given explicit consent to the processing.
What is sensitive personal data?
Sensitive personal data.
In this Act “sensitive personal data” means personal data consisting of information as to—
(a)the racial or ethnic origin of the data subject,
(b)his political opinions,
(c)his religious beliefs or other beliefs of a similar nature,
(d)whether he is a member of a trade union (within the meaning of the M1Trade Union and Labour Relations (Consolidation) Act 1992),
(e)his physical or mental health or condition,
(f)his sexual life,
(g)the commission or alleged commission by him of any offence, or
(h)any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.
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