SDA-ESA: Successful Outcome

MariW wrote: It is 33 calendar days since I submitted a Subject Access Request following my ESA award. I sent the SAR by recorded delivery and have a printout showing it was signed for the following morning. Perhaps I’m being over pessimistic but I’ve got a feeling it might be a case of no show.

Two queries:

1. How long after 40 calendar days ought I to wait before writing to the DWP again?
2. What on earth do I write in a covering letter attached to a copy of SAR to get the DWP moving?

Mari W

Hi MW,

Remember, they have 40 calendar days from "receipt of the SAR" to comply. Then you would obviously have to allow for them posting it 2nd Class.

1. I would therefore give them 2 or 3 days after the 40 days elapses.

2. I would provide a copy of the original SAR and covering letter if you sent one with it, and a copy of the recorded delivery slip.

I would then attach a current covering letter drawing attention to the fact that you have previously issued a SAR under The Data Protection Act 1998, that their 40 days to comply have now elapsed, and that failure to comply with this request will result in a complaint to : The ICO.

Address it FAO : The DWP Data Controller at the most recent address of the ESA Benefits Office/Centre that you have.

Write Data Protection Act 1998 SAR on front top left of envelope, and your name and postcode on reverse top right.

Sending Documents to the DWP or ATOS

Hopefully that will do the trick.

bro58

Many thanks, Bro58 I think if I give it until Day 45 I'm well within my rights to write a second time. Would a CC to The ICO be appropriate?

Mari

MariW wrote: Many thanks, Bro58 I think if I give it until Day 45 I'm well within my rights to write a second time. Would a CC to The ICO be appropriate?

Mari

Hi MW,

That is up to you !!

I have made quite a few SAR's and on the couple of occasions that they have failed to comply, the second letter with the threat of a complaint has worked.

They usually state that they never received the original SAR.

bro58

Perhaps I'll be gentle with them and just threaten....but maybe my data will arrive in time

Mari

MariW wrote: Perhaps I'll be gentle with them and just threaten....but maybe my data will arrive in time

Mari

You're just a big softy really MW !!

On receipt of the SAR information I also received covering letters giving me direct contact details for The DWP Data Controller for my area.

With instructions to contact them directly if any information was missing.

bro58

It’s now 57 calendar days since I submitted a clearly written Subject Access Request to my DWP Benefits Office. It was received next day. My SAR followed my being placed in the Support Group of ESA for the legal maximum of 3 years. I did not receive the documents requested within the statutory 40 calendar days from receipt.

On day 45, when I still hadn’t received my documents, I wrote a polite letter reminding the DWP of its legal obligation to comply with the Data Protection Act 1998. I included complies of the SAR, proof of posting, and proof of delivery. I suggested 14 calendar days for them to expedite my SAR and briefly made mention of my contacting the ICO in the event of ongoing non-compliance with a legal obligation. The DWP received this 10 calendar days ago. There’s still hope, I suppose, but it’s looking as though I shall have to contact the ICO after the Christmas break. I have two concerns:

1. Retention of data to which I am legally entitled.
2. Possible loss of sensitive data.

Hence, two questions:

1. How effective is the ICO in dealing with the DWP?
2. Is there another way forward? The DWP are in breach of the DPA 1998. Would I be entitled to legal aid to take action against them?

Mari W