Posting ESA50, Legal Ramifications. Things you should know

Ive just found that, when an ESA50 is posted, the envelope is opened and then sorted BY THE ROYAL MAIL?
That leaves all your personal and medical details open to anyone. Surely that's a breach of the DP Act?
Secondly, if sending the ESA50 back registered or recorded then it isnt being signed for by at the Royal Mail Center and consequently they are in breach of their original delivery contract.
The DWP = Legally kicking the Disabled when they are down.
«1

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497
    First Anniversary Combo Breaker
    Forumite
    I am sorry that you have only just found out about this, but it is old news.

    http://www.disabilitynewsservice.com/index.php/2011/10/fury-over-sensitive-benefits-forms-opened-by-royal-mail-staff/
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • schrodie
    schrodie Posts: 8,410 Forumite
    It's just another example of how much contempt this government holds sick and disabled people in!

  • Only old news if you read that website, but there may be people that dont know this
    The DWP = Legally kicking the Disabled when they are down.
  • miduck
    miduck Posts: 1,800 Forumite
    Ive just found that, when an ESA50 is posted, the envelope is opened and then sorted BY THE ROYAL MAIL?
    That leaves all your personal and medical details open to anyone. Surely that's a breach of the DP Act?
    Secondly, if sending the ESA50 back registered or recorded then it isnt being signed for by at the Royal Mail Center and consequently they are in breach of their original delivery contract.

    As zzzLazyDaisy states, this is old news.

    There is no breach of the DPA, and the contract does not mean that your data is open to anyone, anymore than it is when the post is opened in a DWP post room.

    Where a form is sent by Recorded Delivery (Registered no longer exists), it is bulk signed for - one person signs for a number of letters. There is no breach of contract because RM is getting a signature from the recipient.
  • miduck
    miduck Posts: 1,800 Forumite
    schrodie wrote: »
    It's just another example of how much contempt this government holds sick and disabled people in!

    Why is it? Do you understand what the arrangement is between RM and the DWP? It appears that you do not.
  • miduck wrote: »
    As zzzLazyDaisy states, this is old news.

    There is no breach of the DPA, and the contract does not mean that your data is open to anyone, anymore than it is when the post is opened in a DWP post room.
    I disagree, for many reason. The DWP have the right to open mail addressed to them. RM doesnt
    Where a form is sent by Recorded Delivery (Registered no longer exists), it is bulk signed for - one person signs for a number of letters. There is no breach of contract because RM is getting a signature from the recipient.

    And you know this for sure....How ?
    The DWP = Legally kicking the Disabled when they are down.
  • miduck wrote: »
    Why is it? Do you understand what the arrangement is between RM and the DWP? It appears that you do not.

    Then please share your Encyclopaedic knowledge of the agreement with us.
    I await with baited breath
    The DWP = Legally kicking the Disabled when they are down.
  • miduck
    miduck Posts: 1,800 Forumite
    I disagree, for many reason. The DWP have the right to open mail addressed to them. RM doesnt


    And you know this for sure....How ?

    RM has the delegated authority to open DWP post, in the same way that ATOS does.

    When RM open post in their DWP operation, they are doing so as an authorised representative of the DWP, and hence they may sign accordingly.
    Then please share your Encyclopaedic knowledge of the agreement with us.
    I await with baited breath

    It is on the DWP website - I trust you are capable of looking yourself?
  • miduck wrote: »
    RM has the delegated authority to open DWP post, in the same way that ATOS does.

    When RM open post in their DWP operation, they are doing so as an authorised representative of the DWP, and hence they may sign accordingly.

    Please post the relevant details here to support your claims
    It is on the DWP website - I trust you are capable of looking yourself?
    Well youre the one arguing the toss, YOU post the details to back up your assertions
    The DWP = Legally kicking the Disabled when they are down.
  • miduck
    miduck Posts: 1,800 Forumite
    Please post the relevant details here to support your claims

    Well youre the one arguing the toss, YOU post the details to back up your assertions

    So you are incapable of finding the information yourself? Had a feeling that would be the case! Bless you, in that case I shall refer you to the following TTFY FOI request, that covers everything you wish to know:

    http://www.whatdotheyknow.com/request/dwp_post_handling_contracts

    Do let me know if there is anything you don't understand! :p
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.4K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.4K Spending & Discounts
  • 234.6K Work, Benefits & Business
  • 607K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards