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TOPIC: Legality under Data Protection Act

Legality under Data Protection Act 1 month 2 weeks ago #170617

There are so many stories, both on this forum and others, where incorrect (lies) information has been placed on people's assessments by HCP's. in the majority of cases this only comes to light when people have requested a copy of their assessment. This incorrect information has deliberately been placed on their computer by the HCP to be used by a DWP Decision Maker. If it can be proved to be the case, would the HCP not be committing an offence under the DPA. I find it incredible, with the amount of blatant "inaccuracies " in assessments that this doesn't appear to have been considered.
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Legality under Data Protection Act 1 month 2 weeks ago #170645

  • Gordon
  • NOW ONLINE
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chrisB wrote:
There are so many stories, both on this forum and others, where incorrect (lies) information has been placed on people's assessments by HCP's. in the majority of cases this only comes to light when people have requested a copy of their assessment. This incorrect information has deliberately been placed on their computer by the HCP to be used by a DWP Decision Maker. If it can be proved to be the case, would the HCP not be committing an offence under the DPA. I find it incredible, with the amount of blatant "inaccuracies " in assessments that this doesn't appear to have been considered.

I would have thought that if there was any real opportunity for this to be done then someone would have done it by now.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Legality under Data Protection Act 1 month 2 weeks ago #170672

I'm no expert in the DPA but the contents of an ESA85 is a subjective opinion of the healthcare professional, and not as such, data.

It would of course help if the report concluded with a statement saying that the content of the report is purely fictitious, and any similarities it has with the claimant's actual disability is purely coincidental.
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