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Thread: Petition, ATOS Healthcare miss-recording information, report going to the ICO

  1. #1
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    Petition, ATOS Healthcare miss-recording information, report going to the ICO

    Hi Guys,

    Below is a URL to a petition to sign if you've been subject to ATOS Healthcare recording incorrect details on their records about you. Just cut and paste into the search bar of your web browser.

    The miss-recording of information on your records actually constitutes a breach of the Data Protection Act 2010. The petition was started to highlight the intentional or otherwise recording of incorrect responses to the award determining questions and the incorrect recording of award determining circumstances on your records from the face-to-face assessment. I'ts unlawful so lets join together and get this investigated by the Information Commissioner's Office.

    https://www.change.org/p/information...ge_1%3Amessage


    I hope the moderator's will allow this to stand? I hope I am not breaking any rules? If so I am sorry. I didn't know.

    Chris

  2. #2
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    Sorry but I cannot sign this as I believe it to be flawed. There are two AP's currently carrying out assessments on behalf of the DWP, neither of which hold records on claimants once the assessment has been completed.
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  3. #3
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    Quote Originally Posted by David69 View Post
    Sorry but I cannot sign this as I believe it to be flawed. There are two AP's currently carrying out assessments on behalf of the DWP, neither of which hold records on claimants once the assessment has been completed.
    The Data Protection act 1998, principle 1, states that a service provider must:

    • not use the data in ways that have unjustified adverse effects on the individuals concerned

    • handle people’s personal data only in ways they would reasonably expect

    • and make sure you do not do anything unlawful with the data.

    The Data Protection act 1998, principle 4, states that:

    • The information held about me must be accurate and up-to-date.

    Hope that clarifies things. I got the same reply from ATOS but if you're recording the data in untruthful ways I suggest that this is not accurate also
    ...

    The Data Protection act 1998, principle 1 continues,

    • Assessing whether information is being processed fairly depends partly on how it is obtained. In particular, if anyone is deceived or misled when the information is obtained, then this is unlikely to be fair.

    • If the information has been obtained and used fairly in relation to most of the people it relates to but unfairly in relation to one individual, there will be a breach of the first data protection principle.

    Funny but it seems like you are defending their actions..? Please clarify if you work for them?
    thanks
    Chris

  4. #4
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    I will leave it for others to comment
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

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    Quote Originally Posted by David69 View Post
    I will leave it for others to comment
    Thanks David,
    I do appreciate your input and yes, it's a very complex matter and I am sure that ATOS are relying on the fact as a possible defence. I hope you we're not offended by my question, it seems to be ATOS Healthcare's standard reply when asked about matters of data protection? "We don't store the data you'll have to approach the DWP for that." I suggest that they are responsible for the content of the data - incorrect or otherwise - they recorded it...

    The above is why someone such as a court judge or the ICO must make a decision as to whether this is unlawful. However, I naively or otherwise claim that if the records are meant to be up-to-date and correct; recording information incorrectly on someone's records I suggest is an unlawful use of data... Informing them must have adverse effects on the person as it will no doubt have a bearing on their award and therefore their livelihood... Perhaps not, only time will tell.

    Thanks again for your input. All welcome. It's an interesting debate.
    Chris

  6. #6
    Senior Member nukecad's Avatar
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    The DWP are the 'Data Controller' for the purposes of the act.

    The assessment provider is a 'Data Processor'.

    There is a big difference in their responsibilities and liabilities under the DPA.

    A fairly recent FoI reply, although not totally sucessful, did have some interesting things to say about data protection:

    Their reply clearly states that it is the DWP, and not the assessment provider, who is fully responsible for data handling by the assessment provider:

    https://www.whatdotheyknow.com/reque..._passthrough=1
    On your questions regarding the release of personal data, DWP is the Data Controller for personal information processed by its contracted providers, the Data Processors. Assessment Providers will hold personal information about DWP claimants for the business purposes which they are contracted to DWP to provide.

    The Assessment Provider, as data processor of this personal information, is obliged to handle this personal information as DWP would.

    DWP, as Data Controller, retains full responsibility for the data handling actions of the Assessment Provider. The contractor can only use DWP data in accordance with the terms of the contract. One of these terms states that the contractor must obtain prior written consent from DWP in order to transfer personal data to any sub-contractors for the provision of the services.
    Which means that if the assessment provider broke data protection law it is still the DWP who are fully responsible for this breach and not the assessment provider.
    Last edited by nukecad; 10-11-2017 at 04:10 PM.
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  7. #7
    Senior Member mikeydt1's Avatar
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    i got some inside information following on from nukecad, the dwp informed me that once the file is returned from the assessment companies it is by rights destroyed after a year.

    when it comes to the assessment companies from some statements i have seen on here where it comes to esa people have been reporting that the assessor had related to previous material held on their systems.

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    Thank you guys that makes everything very easy with regard to this as the ICO will then investigate the DWP and not ATOS Healthcare as ultimately the DWP are responsible for the Data. That's a good thing. An organisation must be responsible for their contractors... Either way the ICO is getting informed of the signatories and will know who to point the finger at...

    Please keep signing up guys it will make a difference. I can change thew wording to make it clearer all round.
    Thanks Agian
    Chris

  9. #9
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    New link to an amended Petition, many thanks for your input
    Chris

    https://www.change.org/p/information...wp-responsible

  10. #10
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    Pardon my ignorance but what is an ICO?

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