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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Data breaches

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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In the last few months I have been sent in error:

- someone else’s Access to Work letter, with all of their personal details on it, sent to a family member I was assisting in the same envelope with details of a traumatic incident at work that led to a need for on going psychological support
- someone else’s MR letter against a PIP decision mistakenly added to my client’s bundle (again full of personal details)
- an audio recording of a complete tribunal hearing (not my client) sent to me by HMCTS on the same CD as my client’s adjourned hearing that I had requested a SOR for

Is this unusual or are other people experiencing something similar when it comes to accidental breaches of personal data?

Ruth_T
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Volunteer adviser - Corby Borough Welfare Rights & CAB

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On several occasions we have received a copy of a Secretary of State’s submission (appeal response), for a person who was not our client, but it hasn’t happened recently.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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I have encouraged a friend to complain to the ICO after they received a set of someone else’s medical records.

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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Once received a Sec of State’s submission which was half about my client, half about someone else. Even after pointing the error out to DWP and HMCTS, DWP refused to amend it.

Unsurprisingly, Tribunal discounted DWP evidence and made decision based on Cl’s oral evidence and our submission.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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It’s cyclical with the Tribunals Service. Hang around long enough and it starts happening again. We appear to be on a downward trend. Recently had one set of papers that, as above, consisted of two different clients papers. Periodically get tribunal papers for Trafford or Stockport WRS clients.

ClairemHodgson
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Solicitor, SC Law, Harrow

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and yet they make such a song and dance about data protection that representatives/appointees/etc can’t find out anything about anything…..

WROTricia
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Advice Works, Renfrewshire

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I had one involving medical info amongst appeal papers the other day. Does anyone know if they follow through and contact the person whose data has been breached to advise and , I guess, apologise?

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Theoretically I think they have to report certain breaches to the ICO and I believe they should have some kind of compliance person to ensure the issue is on the agenda; taken seriously etc. In practice, I guess it would take an FOI request to find out.

From personal experience only I’ve not known them apologise other than when the appellants themselves make a formal complaint. I did have one case where the appellant wrote to the other appellant before speaking to me (I’d just spotted it that morning) as well as the Tribunals Service. That was fun 😊 Needless to say second appellant went rightly ballistic. TS keen to calm the appellants down but less keen on my observation that there had also been a significant detriment to the appeal process and a considerable waste of time for me in identifying and sorting it all out. Funny how they’re keen to comment on our wasting their time and resources.

Dan_Manville
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I gave my friend the Caxton House PO box address. I don’t know whether she used it but I kind of hope so…

Obvs it might be incumbent on us to report issues to the ICO. Cats, pigeons and all that

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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DWP has answered of sorts my FOI request on this - https://www.whatdotheyknow.com/request/data_protection_breaches_39?nocache=incoming-996124#incoming-996124

It reported no data breaches itself to the ICO in 2015-16.

Not one.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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S’funny. That year I had a call from Trafford WRS asking whether one of our clients had medical records for a Trafford client as their client had the medical records for a Salford client. Have just this second come off the phone with someone whose medical records have turned up in someones’s appeal papers in Lincolnshire. They learnt this because, of course, the other appellant wrote to them and told them.

Other appellant has provided an extract of this persons medical records to prove they have them but, misunderstanding the process slightly, has refused to give the Salford appellant all of them because they need them for their appeal to prove that the decision on their case was made using the wrong medical records! Of course I had to be the person to break the news that DWP and TS may have breached here not just DWP and that those same records won’t just be with the other appellant but also with a DWP PO and 3 tribunal panel members!

Now need to see if the local appellant would like to be the person who explains to the Lincoln appellant that their withholding the papers is meaningless and that the decision they’re appealing may not be based on the wrong persons medical evidence at all.

Have suggested that the complaints to TS and DWP ask for an apology; a sum for distress (which has actually caused the local appellant to relapse) and of course written confirmation that DWP and TS have self-reported to the ICO. If no evidence of the latter then once the complaints process is exhausted then the appellant will take it to the ICO directly.

TS and DWP are not “learning” organisations.

[ Edited: 26 Jun 2017 at 04:45 pm by Mike Hughes ]
BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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And in the just released 2016-17 Annual Report and Accounts:

“In 2016-17 no personal data incidents were formally reported to the Information Commissioner’s Offce.” (P.92).

There is nothing to see here, move on down the bus…

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Ahem!

Dan Manville - 04 May 2017 09:27 AM

Obvs it might be incumbent on us to report issues to the ICO. Cats, pigeons and all that