Request for FOI & Data not needed say DWP?

Hello everyone.
After being placed in WRAG I followed your ESA appeal guide and sent a letter of appeal. I also copied the SARS Data Protection request for all documents etc, as set out in your guide. Without boring you, after many calls, emails, letters etc, 65 days later I still don't have the documents, except for my medical report. A very nice lady at DWP told me that the request comes under 'normal business', and has nothing to do with FOI or Data Protection. She said they were probably waiting for the DM decision on my initial appeal before sending everything. I got the impression that by declassifying my request to 'normal business' it means they can take as long as they want to reply? Are they correct?

Paul58 wrote:

Hello everyone.
After being placed in WRAG I followed your ESA appeal guide and sent a letter of appeal. I also copied the SARS Data Protection request for all documents etc, as set out in your guide. Without boring you, after many calls, emails, letters etc, 65 days later I still don't have the documents, except for my medical report. A very nice lady at DWP told me that the request comes under 'normal business', and has nothing to do with FOI or Data Protection. She said they were probably waiting for the DM decision on my initial appeal before sending everything. I got the impression that by declassifying my request to 'normal business' it means they can take as long as they want to reply? Are they correct?

Hi P58,

Please see the link below for a formal SAR Form :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

However, any written request for Personal Information held by the DWP should be treated as a "Formal" request, and is therefore covered by The Data Protection Act 1998.

Therefore, the information requested should be provided within 40 days, see ICO Webpage :

www.ico.gov.uk/for_the_public/personal_i...age/access_info.aspx

You may wish to complain to The DWP :

Complaining to the DWP

And/Or, your M.P. :

Contacting your MP

bro58

bro58 wrote:

Paul58 wrote:

Hello everyone.
After being placed in WRAG I followed your ESA appeal guide and sent a letter of appeal. I also copied the SARS Data Protection request for all documents etc, as set out in your guide. Without boring you, after many calls, emails, letters etc, 65 days later I still don't have the documents, except for my medical report. A very nice lady at DWP told me that the request comes under 'normal business', and has nothing to do with FOI or Data Protection. She said they were probably waiting for the DM decision on my initial appeal before sending everything. I got the impression that by declassifying my request to 'normal business' it means they can take as long as they want to reply? Are they correct?

Hi P58,

Please see the link below for a formal SAR Form :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

However, any written request for Personal Information held by the DWP should be treated as a "Formal" request, and is therefore covered by The Data Protection Act 1998.

Therefore, the information requested should be provided within 40 days, see ICO Webpage :

www.ico.gov.uk/for_the_public/personal_i...age/access_info.aspx

You may wish to complain to The DWP :

Complaining to the DWP

And/Or, your M.P. :

Contacting your MP

bro58

Hi P58,

Just to add to the above, a "Freedom of Information Request", (FOI) is a request for information that is not personal to you.

See : www.dwp.gov.uk/freedom-of-information/in...tion-released-under/

&

www.whatdotheyknow.com/body/dwp

bro58

Thanks bro58.
But, you've confused me.
The link to the form shows something completely different from the one in the pdf ESA appeals guide on this site. Is the one on here wrong and should be amended to the one in the link?
Have I asked in a 'wrong' manner for the data stuff by using the guide, and they are therefore not bound by the 40 day rule? I think I understand from your reply that a request in any form is a correct request for data?
I already have an internal inquiry going on with DWP over this and many other points I raised with them.
Thanks.

Paul58 wrote:

Thanks bro58.
But, you've confused me.
The link to the form shows something completely different from the one in the pdf ESA appeals guide on this site. Is the one on here wrong and should be amended to the one in the link?
Have I asked in a 'wrong' manner for the data stuff by using the guide, and they are therefore not bound by the 40 day rule? I think I understand from your reply that a request in any form is a correct request for data?
I already have an internal inquiry going on with DWP over this and many other points I raised with them.
Thanks.

Hi P58,

"I think I understand from your reply that a request in any form is a correct request for data?"

That is correct.

The information that you have used should be adequate to be considered as a formal request for personal information under the Data Protection Act.

bro58