Discussion:
DWP consultation on extensive sharing of Universal Credit recipients:ends 12th January
Mary Hawking
2015-01-10 08:38:15 UTC
Permalink
Is the DWP allowed - under DPA or other legislation - to share personal (and
sensitive) information about with many organisations including landlords?
I don't know how this escaped me - and a lot of others.
https://www.gov.uk/government/consultations/universal-credit-data-sharing-be
tween-dwp-and-local-support-providers
Refusal might affect benefits.
Consultation started 2nd December & ends 12th January: is it significant
that it is held over the Christmas/New Year period?


Mary Hawking
Retired from NHS on 31.3.13 because of the Health and Social Care Act 2012
"thinking - independent thinking - is to humans as swimming is to cats: we
can do it if we really have to." Mark Earles on Radio 4
blog http://maryhawking.wordpress.com/ And Fred!
http://primaryhealthinfo.wordpress.com/2014/12/01/can-integrated-care-satisf
y-all-of-freds-needs-including-patient-empowerment/
Peter Tomlinson
2015-01-10 12:31:51 UTC
Permalink
Post by Mary Hawking
Is the DWP allowed - under DPA or other legislation - to share personal (and
sensitive) information about with many organisations including landlords?
This isn't a direct answer, more expressing concern as to whether Data
Protection legislation applies, and in particular whether the emphasis
on online working will result in more organisations or persons having to
be registered as Data Processors under that legislation.

There was a problem with the bus pass scheme (ENCTS) because the dataset
defined for holding the pass in the smart card has space for personal
data (name and DoB and gender in particular). In order to validate the
pass, the bus ticket machine has to read the entire dataset, and, if
there is personal data present, the bus operator thereby becomes a Data
Processor. That was not the intent, but it took a while to convince DfT
that LAs must not encode personal data in the chip held in the pass...

On this current DWP consultation, the document is badly written, with
several glaring errors. It should be withdrawn.

Peter
Codepope
2015-01-10 12:49:59 UTC
Permalink
I would note the paper says social landlords, which is a specific class of landlord covering publicly owned and let properties and housing associations, not landlords as private individuals.

Dj Walker-Morgan
Post by Mary Hawking
Is the DWP allowed - under DPA or other legislation - to share personal (and
sensitive) information about with many organisations including landlords?
I don't know how this escaped me - and a lot of others.
https://www.gov.uk/government/consultations/universal-credit-data-sharing-be
tween-dwp-and-local-support-providers
Refusal might affect benefits.
Consultation started 2nd December & ends 12th January: is it significant
that it is held over the Christmas/New Year period?
Mary Hawking
Retired from NHS on 31.3.13 because of the Health and Social Care Act 2012
"thinking - independent thinking - is to humans as swimming is to cats: we
can do it if we really have to." Mark Earles on Radio 4
blog http://maryhawking.wordpress.com/ And Fred!
http://primaryhealthinfo.wordpress.com/2014/12/01/can-integrated-care-satisf
y-all-of-freds-needs-including-patient-empowerment/
<winmail.dat>
Peter Fairbrother
2015-01-10 22:54:20 UTC
Permalink
Post by Codepope
I would note the paper says social landlords, which is a specific
class of landlord covering publicly owned and let properties and
housing associations, not landlords as private individuals.
Yes. And a credit union isn't a credit reference agency, though I am a
bit unclear on exactly what it is.


Anyway, I had a quick look at the proposal, and The Social Security
(Information-sharing in relation to Welfare Services etc.) Regulations
2012 (as amended), which are the Regulations which are to be amended by
The Social Security (Information-sharing in relation to Welfare Services
etc.) (Amendment) Regulations 2015, the new regulations in the proposal.


The main thrust of the proposal is to include Universal Credit in the
list of benefits to which the 2012 Regulations, and the Welfare Reform
Act 2012 under which they are made, apply - but as that list already
includes:

* attendance allowance
* disability living allowance
* income-based jobseeker’s allowance
* income-related employment and support allowance
* income support and
* state pension credit

I don't think the main thrust of the proposed regulations, adding
universal credit to that list, is anything radical. Indeed, the only
newsworthy aspect I can think of is wondering why they haven't already
done it.



However, as is often the case, the proposed Regulations include several
other changes, some largely unrelated to the main thrust.



Including the "universal support initiative" in the list of reasons why
the SoS can share information is new: the other reasons why the SoS can
share information relate directly to specific benefits, and are better
defined, while this is quite a bit woolier.



The "extended benefit unit" is new here too, but the concept already
exists, tucked away in the Universal Credit Regulations 2013 or perhaps
somewhere earlier. Nothing major there, though I expect it will cause
staff some problems; the basic blob of information is no longer just
about an individual but about several different people in the same
"unit". Ouch. What can they tell each person about the other people in
the "unit"? Perhaps that should be thought about a bit more.



The last major change I can see is the proposed regulation 6, where the
list of qualified persons, people with whom information can be shared,
is changed. Like demands for information under RIPA, the list of who can
get data and the reasons they can get data changes frequently.

AFAICT the present list [1] includes, apart from Ministers, their staff,
and the like, only:

* a social landlord; and

* a person who carries out activities in connection with a troubled
families programme.


The proposed new list would also include the following three new entries:

*a member of the National Association of Citizens Advice Bureaux or the
Scottish Association of Citizens Advice Bureaux,

*a credit union, and

*a registered charity


This seems like a fairly major change to me, and it doesn't just apply
to Universal Credit recipients, it applies to almost everybody on
benefits of any kind.


The purposes for which these people could be given information, or store
information, are too complex for a quick look - see:

https://www.gov.uk/government/policies/simplifying-the-welfare-system-and-making-sure-work-pays/supporting-pages/welfare-reform-act-2012-regulations

for an explanation of why. Simplifying the welfare system? Bah!




Well, wheew, that's what I think the proposal actually says. I leave it
to others who hopefully will know more about the general benefits
situation to say whether that is good or bad.


-- Peter Fairbrother

[1] in regulation 3 (10) of the Social Security (Information-sharing in
relation to Welfare Services etc.) Amendment and Prescribed Bodies
Regulations 2013,

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