DWP gave my contact details to market research company - Data Protection Act?

[GoneFission]

I'm receiving nuisance calls from a market research company. Nothing too unusual about that, only in this case, it's because the DWP gave them my phone number!

 

On Tuesday (19th June) I received a letter dated Monday 18th June, allegedly from the DWP informing me that I would be taking part in a telephone survey about my experience of the Job Centre, conducted by a market research organisation called TNS BMRB - not asking me if I wanted to, telling me that if I didn't contact the marketing research company involved, they would be phoning me by "late June".

 

They said I could phone the TNS BMRB to opt out, or if I had difficulty using a phone, I could write to them. They didn't provide an address to write to, and there was no address on the letter to say where it came from. The letterhead said DWP in one corner and tns bmrb in another. It was signed Karen Elsmore, Senior Research Officer, Department of Work and Pensions.

 

I sent a reply, by 1st class Recorded post, to the "If undelivered, return to:" address, on the back of the envelope. It was signed for on Wednesday, 20th June, Printed Name: MILLWARD BROWN-KANTAR

 

That address was

 

Kantar Operations

Olympus Avenue

Tachbrook Park

Warwick

CV34 6RJ

 

It turns out the office address for the TNS BMRB is

6 More London Place

London

SE1 2QY

 

TNS BMRB are, apparently part of, or linked with Kantar Operations (a notorious cold caller). Both those organisations now have my name, my phone number, and my address. Who knows what other details they now hold about me.

 

I received my first nuisance call yesterday evening, and another one today, despite doing my best to opt out of the "survey". Both times they hung up when they got my answering machine, without leaving a message.

 

First of all, I am registered with the Telephone Preferences Service to say that I don't wish to receive unsolicited calls. Presumably, they would use the excuse that the DWP gave them permission to ring me, despite me doing the best I could to say I didn't want them to.

 

Secondly, I gave the DWP my phone number because I didn't seem to have any choice. At no point did I give them permission to share it with third parties. How is this not in breach of the Data Protection Act? The DWP website refers to it, and states a privacy policy. What gives them the legal right to pass on my personal information to a market research company, without my knowledge or consent?

 

Sure, I know now, but that's because they told me after they'd done it.

 

Thirdly, if this was about email, they would be in clear breach of the law for their policy of opting me in automatically, and making me take steps to opt out. Why doesn't the same law apply to phone calls?

 

I consider this a breach of trust by the DWP. The fact that they've hired TNS BMRB / Kantar Operations doesn't give them the right to share my contact details, or other personal information with them.

 

I'm furious about it, but I don't see what I can possibly do about it, other than change my phone number and refuse to share the new one with the DWP, citing this incident if they ask why.

[citizenB]

Make a complaint to the Information Commissioner.

[BRIGADIER2JCS]

Sounds suspect to me a DWP office would

I think have an address and number, also

I cannot believe such a ''survey'' would be

carried out in this way.

I think you need to contact the DWP on Monday.

[caledfwlch]

Could you if possible scan in the letter you received from the DWP, omitting any personal details such as your name, NINO etc?

 

Be interesting to see if it looks like a genuine DWP letter or a [problem] - if it looks [problem], then I would suggest contacting the Police, esp as they are masquerading as an official government department - there are plenty of ways of guessing if a DWP letter looks genuine or not, so if you could post a scan of it here, it would be very useful

[ErikaPNP]

I'm inclined to believe that it is the DWP who sent out the letter because I know that they have used that company before to conduct customer satisfaction surveys on their behalf., the latest one being only last year.

 

I agree with CitizenB - get a complaint into the Information Commissioner. Anyone dealing with a government department, particularly in circumstances where they have little choice, in my opinion should not have to take steps to 'opt out' of having their information shared with third parties when the reason for doing so is not a condition of their claim. They should be invited to 'opt in' which would offer greater protection of their details.

[flumps1976]

Erica is right DWP have used TNS previously, I haven't been in work the last week or so but we usually receive an e-mail to advise that a survery/study is going to be completed by post/visit/phone and that if anyone calls to question the validity of this we can then give an assurance.

[Bang!]

I was reading a link on twitter about the DWP and the workfare schemes. If what the link said was true - there were various benefit forms have small print that effectively means you sign away your rights under the DPA.

 

I found it difficult to believe - as opting out of statute just seemed unlikely at best, and more likely impossible.

[Bang!]

Got it....

 

1) Consent forms

Data Protection waiver forms allowing personal data to be shared with, or obtained from any Third Party, such as a Employer or Training provider.

 

http://www.consent.me.uk/nosanctiondoubt/#more-1819

[GoneFission]

Can you clarify what you're saying, Bang!?

 

I've never signed an A4e form, which is what the link you gave refers to. I hadn't heard of A4e before today.

 

I forgot to say that the number I've had the calls from was 020 843 36078, which apparently belongs to Kantar Operations, based on the googling I did.

 

I'm fairly sure the letter is genuine. I don't see how Kantar Operations / TNS BMRB would know my name and address to send me the letter otherwise (and my phone number).

 

How would I go about making a complaint to the Information Commissioner? I'm assuming that the DWP have been given the legal right to behave in this outrageous way, so that's possibly not going to help. I could still do it though.

[Bang!]

You do not even have to give DWP your own number - so its unlikely the can pass it on. The A4E forms were the only things I could think of that potentially permitted this to happen.

[GoneFission]

I had to give my phone number when I applied for ESA. I didn't seem to have any choice in the matter. They used it to phone me to tell me they were going to write to me. I couldn't help wondering what the point of that was, and I asked them to only write to me, not phone, but that wasn't an option, apparently. They rang again, but I didn't answer.

 

The A4e form thing is sneaky and underhanded. Most people wouldn't read the small print, they'd just sign, and most people would assume they had no choice but sign. Is there a full list of all the unprincipled evil companies the government hire to do their dirty work? I just keep hearing of more.

 

I guess it's a great way of doing things they couldn't legally get away with - by contracting services out to a private company and letting them take the blame. In this case, it's the DWP themselves who've behaved in a way that ought to be illegal.

[citizenB]

You can make a complaint to the Information Commissioner by using the contact form on their website

 

http://www.ico.gov.uk/complaints.aspx

[caledfwlch]

To the OP, it does not matter where the details have been harvested from - if you use the form Bang linked to, you can order the Marketing company and any of its agents/subsidiaries to remove your data with immediate effect, they have no legal argument against this.

[GoneFission]

Thanks, citizenB and caledfwlch.

 

It seems that before I can make a complaint, I'm expected to contact the organisations. I consider I've already done that for Kantar Operations / TNS BMRB, though I guess I now have to wait to see if they respond.

 

I have no idea how to contact the relevant person or department at the DWP. The fact that the letter didn't have an address to reply to makes that very difficult. No doubt that was the idea. I don't expect there'd be any point talking to the Job Centre about it. I've tried to find the office address for Karen Elsmore, the person who's name the letter is in, but I've failed so far.

 

The ICO website doesn't seem to have anything about market research companies, as such. I expect that's why the excuse "I'm not selling anything I'm just conducting a survey" has become so popular with professional door to door time and patience wasters. The problem with the ICO websites FAQ approach, like all FAQ systems, is that it doesn't give you any idea what to do when none of those questions was the one you wanted to ask.

 

From their summary of the Data Protection Act, I only see mention of it being illegal to let data leave the country, without consent, nothing about it being passed around within the UK without consent. I hope that's just a very poor explanation of the law, but I have to admit I haven't read the act, and am not all that likely to. Surely, someone who has my data doesn't just have the right to pass it on to someone else, without my consent?

 

I've yet to find the form caledfwlch mentioned that I can fill in to ask them to remove my data. The ICO site is a bit of a labyrinth though. Perhaps someone else knows where it is?

 

There's a bit near the top of the page that citizenB linked to that says "If you have received an unsolicted text message or marketing call but don’t know who it was from please tell us about it (link).". The thing is, I do know who the calls were from. I don't see a form for that.

Edited June 23, 2012 by GoneFission

[Bang!]

It's your data - you state who you want to process it or not.

 

Generally its the EU and the not the UK that data is to be contained within.

[GoneFission]

Good. But how, exactly, do I do that?

[citizenB]

GF, telephone the ICO - I am sure if you explain the situation they will advise the correct way in which to contact them. Of course you could always write to them. That is my preferred method of contact.

[GoneFission]

Okay. Thanks, citizenB.

 

I'll write to them. I'm not good at talking to people I don't know on the phone.