IB50 FORM

Although Atos are contracted to carry out the collection of such information, the Data Controller (DWP) has to make a specific request to them for this to be carried out and also notify you when your data is being processed. Atos are just the data processors ..

It is a bit like a debt collection firm writing to you saying you owe money to xyz company, “pay us some money”.. when the company hasn’t told you anything about it or even told you that they have authorised this firm to act on their behalf..

Sensitive information is classed as your property, much the same as money and is protected…. The IB50 then requires consent, a signature for Atos etc to be provided with the information. It is back to front procedure..

I asked Atos for a copy of the request, but they couldn’t or wouldn’t supply it. .so it appeared that they acted independently of the Data Controller (DWP) . If so they must be already holding my details illegally and acting as Data Controllers, but they have no authority to do this,.. either way it was a breach of procedures, that was my challenge, it was risky, but it worked

Sorry to correct you - but The DWP are always the Data Controller and Processor, no matter who is acting for the DWP - be it themselves or a contractor.

I know from experience that ATOS do not like not being provided with all relevant data/files/papers when asked to act on behalf of the DWP.

Should ATOS not have access to such data, they are in reality unable to act - and should be instructed to obtain all such data from the DWP in advance.

That is all relevant filed medical reports, claim packs with medical content.

Should the data be missing or misplaced, your MP should be advised and asked to have the Sec State (DWP) have the missing data located.

Should it turn out that it has vanished for ever, that means ATOS and DWP have to act quite differently in dealing with medical data and existing claims.

there have been quite a few cases of SDA re-assessment where oddly decades worth of files have simply not been available to anyone - except for the copies held by the claimant.

Also it should be noted that ATOS often operate from DWP offices on a reciprocal contract - and they also have contracts in place for Data Sharing. This has caused a number of issues, as the data processing by Dumb Machine which can issue documents re ATOS which in reality ATOS have no actual knowledge of. The letter issued are from DWP, even if headed ATOS, as they relate to ATOS under contract.

Often the first that ATOS are humanly aware of any form issued is when they are contacted by an irate claimant asking what is going on!

Interesting point P.C. which differs slightly from the info obtained from my communications with the Information Commissioners Office and the Atos/DWP Contract (Medical Services Agreement) 12.6 Protection of Personal Data etc

12.6.1 Each party shall comply with its respective obligations under the Data Protection Act 1998.

12.6.2. Where the CONTRACTOR or any of its Sub Contractors as a part of the service under this Agreement, processes personal data as a data processor on behalf of the AUTHORITY as data controller, the CONTRACTOR shall, and shall procure its Subcontractors to:

12.6.2.1.. act only on instructions from the AUTHORITY as a data controller and etc.. it goes on and on..

Later under the individual benefits, with regards to this it states.“The CONTRACTOR will receive the appropriate documentation from the AUTHORITY.. etc etc

From your info, this highlights the lack of clarity given to claimants and is contrary to the Data Protection Act again making informed consent unenforceable. Whatever the viewpoint, the challenge still achieved a positive result.

Hi pip
I always type my answers for the blank boxes and attach them.
I also make sure I put my ref; on each page so that the DWP do not get mixed up and loose any!
Audi

thankyou audi.