advice on workprogram breaking my consent

[veni 1]

I am with the workprogram ingeus but coming of within the next 3 weeks,now when you first go on the workprogram they ask for your consent,so they can get money for you should they get you a job etc,anyway did not sign it and did not give them my cv either as i told them i don't consent for them to job search internally for me.

 

 

so about 10 months ago i got a new advisor and i use that word loosely, a few weeks with me he offered me a training role with a c.a.b, the object was to be trained up then be kept on.so i jumped at it,things were going well and then he asked me for my cv to show the c.a.b i said ok but only for the cv not for any internal job search or to be shown to anybody else,he agreed and i made him put a note of this on his computer,

 

now to cut a very long story short,this c.a.b fell througth,but was not told about it despite me e-mailing him and phoning him on a regular basis.but i received from him just over 130 emails for job requests searches,despite me not consenting him to do so,now can i sue him or the company for breaking my consent maybe data protection to,because they cannot find any of my emails regarding this c.a.b

 

i have asked for proof regarding this training project but they seem not to be able to find it. i am going to my local c.a.b but any advice would be help full,many thanks.

Edited July 7, 2013 by citizenB

[Mr.P]

A strongly worded letter to the DWP and also the Information Commisioners Office would be in order. However, do not expect much in the way of an apology from the DWP - Despite commissioning and funding the contracts (out of tax payers money), they will try to wash their hands of any responsibility.... Although as the data controller, they have ultimate responsibility for any DPA breaches.

 

Embarking on any legal action will, in the long term, prove to be a fruitless and costly exercise - If you qualify for JSA, you won't have enough money to do it on your own, nor will you get legal aid. However, if you do have a few thousand to spare, contact a solicitor with the view of bringing an injunction to prevent any further unauthorised distribution of your CV. Although I fear that may also be a waste of money as by handing over your CV, both the DWP and the provider would claim you had given implied consent.

 

Job searches on their (the provider) internal system would not constitute distribution of your personal data - Maybe processing, which under the terms of the DWP contract, they are "entitled" to do - The DWP remain the Data Controller, but as they have not received any notice from yourself regarding redistribution/processing of your data, I'm afraid you are on a hiding to no where (sorry to be the bearer of bad news).

Edited July 7, 2013 by Mr.P

[veni 1]

many thanks for your reply, yes i have done the complains to the dwp and ingeus,but you know they will just ignore it, the only way to hurt them is in the pocket,but as you have pointed out even that would be hard, they just roll over people and their is no real come back at them,i am just very angry that they can do want they want,so many stories of people being abused by them.

[Mr.P]

A quick way to inflict financial pain on a provider is to lodge a formal complaint through their head office - This then gets passed back to the local office for a whitewash process and (generally) no satisfactory resolution. Then you refer the matter to the Independent Complaints Commissioner who then inflicts a £5,000 fee on the provider.

 

However, to go down this route requires a specific complaint backed up with good evidence and a clear breach of procedures. Before involving the ICO, you must exhaust the providers internal complaints process and demonstrate an unsatisfactory resolution....

 

Other ways of being a thorn in the side of any provider is to keep your ears open. Listen out for idle staff chattering at the water cooler and make notes when they discuss personal information pertaining to named clients. Criminal record, financial information, medical and/or mental health issues are good ones to note. With notes in hand, ask the DWP how many breaches of client confidentiality have been reported in the last two years, mentioning the details that you have noted. Sit back and watch the proverbial hit the fan.

 

Did that once when I overheard an "adviser" discussing someones criminal record and dropped his name... Wrote a letter to the DWP giving the details, and someone got their backside kicked for that. A word of caution though - Subsequent meetings were generally hostile to the point where the "adviser" appeared to be deliberately trying to provoke a reaction in order to inflict a sanction... The little harpie eventually got one, but not what she was expecting, and I have the resulting hissy fit on tape

[veni 1]

i am going to that,but what bugs me i only have less than 3 weeks left so time is against me,the advisor timed it well,but i will push it and i will send my story to the media hopefully maybe one mite pick it up, have you downloaded your tape on youtube.

[Mr.P]

[...]have you downloaded your tape on youtube.

 

Most certainly not - To do so would put me in an untenable situation in as much as it would reveal identifying information and possibly conversations involving other clients. Any recordings made, with or without "adviser" consent are purely for personal use as set out in the Data Protection Act. The recordings made can be used to prepare transcripts and be used as evidence in defence of a sanction or to support a complaint, but to place either the transcripts or the recordings in the public domain would give rise to ethical and legal issues.

 

Whilst I actively encourage others to record all conversations with these WP "advisers", I do not condone publishing the tapes.