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Subject access request dwp
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# 1
jaxx46
Old 26-07-2010, 12:51 PM
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Default Subject access request dwp

Hi, Could anyone help me with a template for the subject access request I have been advised to do? Have been trawling the dwp website but keep ending up with pages that have been archived so not accessible!!!

TIA

Jackie
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# 2
Ettenna
Old 26-07-2010, 1:06 PM
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I did a SAR for Tax Credits. Below is the letter I used. I would presume that for any other benefits you write to the offices that handle your claim.

Data Protection Officer
TCO Preston 6
TCO
Government Buildings
Preston
Lancs
PR1 0YP

Dear Sirs,

Data Protection Request

I am writing with a request under the Data Protection Act. I require all information that you hold on me regarding Tax Credits.

The details you require are:

Name: Miss x

DoB: 01/01/01

Address: Current :

No other/previous addresses or names.

NI No: AA123456BB

Information: All information held regarding Child Tax Credits.

I understand that you are required to respond within 40 days.

Yours faithfully,
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# 3
jaxx46
Old 26-07-2010, 1:45 PM
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Thank-you Ettenna much appreciated, will tweak that to fit my circumstances.
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# 4
AsknAnswer2
Old 26-07-2010, 8:33 PM
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Probably too late for you now jaxx, but it might do someone else:

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

Scroll down to the link Use the request for personal information form

And don't send it to the address in the above post - that's for tax credit. Send it to your nearest jobcentre or the office where you believe the data to be kept. Mark it FAO data protection officer.

If you are vague about the information you need, they can refuse it. The £10 statutory fee is usually waived by DWP.
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# 5
maybelle19
Old 30-01-2011, 1:45 PM
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Quote:
Originally Posted by AsknAnswer2 View Post
The £10 statutory fee is usually waived by DWP.

Just seen this thread, as I am looking for a suitable SAR template myself. Please note - You must ensure that the DWP take the £10 fee. It's a very sneaky trick for certain companies or departments to return your payment. You think they are being "jolly decent" or nice?? Not so... Unless they take the £10 fee (which is the legal requirement) - your request is not a SAR - and likely, therefore, to omit vital information. There is no such thing as a free gift (especially from someone you are in dispute with)...
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# 6
cit_k
Old 30-01-2011, 2:41 PM
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Quote:
Originally Posted by maybelle19 View Post
Just seen this thread, as I am looking for a suitable SAR template myself. Please note - You must ensure that the DWP take the £10 fee. It's a very sneaky trick for certain companies or departments to return your payment. You think they are being "jolly decent" or nice?? Not so... Unless they take the £10 fee (which is the legal requirement) - your request is not a SAR - and likely, therefore, to omit vital information. There is no such thing as a free gift (especially from someone you are in dispute with)...

Not true.

It is not mandatory for them to charge a fee, and in fact, they state that no fee is chargeable anyway, unless its a massive request that would cost over 600 pounds.

If any fee would be payable for any reason, they will inform you in writing.

Quote:
Charges

DWP provides information in response to a request free of charge. However, if it will cost us more than £600 or take longer than three and a half working days to find the information and prepare it for release, we can turn down your request, or ask you to narrow it down so that it does not exceed the £600 limit. We can include the following when assessing costs:
  • determining whether the information is held
  • locating the information or documents containing it
  • retrieving such information or documents
  • extracting the information from the document containing it (including editing or redacting information).
In the rare event that we decide to consider charging you, we will advise you fully before we continue with your request. We will calculate any charges in line with the Freedom of Information Fees Regulations.
source

Most simple foi requests to the DWP should be free.
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# 7
fermi
Old 30-01-2011, 3:25 PM
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Got to agree. Returning or waiving the fee does not get anyone out of their legal duty to comply fully with the SAR.
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# 8
Arg
Old 30-01-2011, 10:43 PM
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Remember to ask for audit trail information and expect them to screw up as more than a few people have had complaints about requesting their data.
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# 9
maybelle19
Old 01-02-2011, 4:20 PM
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Sorry, I jumped in all hamfisted before... What I had wanted to show was that if the DWP receive any request for info they will evaluate whether it is a sar or 'normal business'. If they can treat it as 'normal business' eg - if info needed confirming you are in receipt of esa. While that is a request for info, it can be dealt with quickly and easily and youre not digging too deep - so no charge. Generally, if your subject access request is likely to be more involved then it will be referred to a Data Controller. That is when you are most likely have the statutory fee taken... Ive probably confused myself more now:0) See their SARG for proper explanation.
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# 10
AsknAnswer2
Old 01-02-2011, 7:13 PM
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The request is a SAR from the moment it is made where a company specifically states that payment is not required. If they do not specifically state this then the clock doesn't start ticking until the statutory sum is received. If they do specifically state a fee waiver, the clock starts ticking from the day the request it is received.

If a company chooses not to take payment and it is provided, the clock starts ticking right at that moment, not when they decide to cash the cheque/postal order/other. If a company returns your payment, and then tries to get away with not providing the SAR or not providing it within the time limit, they are not fulfilling their obligations under the DPA. This is why, if payment is being sent it should be specifically referred to within the SAR request and a copy taken if possible of the cheque/PO before sending it. If the company has a fee waiver again this should specifically be referred to in the SAR request: "I note from (source) that you do not charge a fee for this service" - and keep a copy of the source.

Companies can indeed try to be sneaky. So long as you are one step ahead of them, it won't get them very far.
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