Source · Select Committees · Scottish Affairs Committee
Recommendation 47
47
A related issue raised by the DWP was whether the data they collect from clients...
Conclusion
A related issue raised by the DWP was whether the data they collect from clients involves a consent process that limits their ability to transfer to other agencies, such as the Scottish Government. In our evidence session with the DWP, officials raised concerns that when taking a claim for Universal Credit, currently there was no indication to claimants that they may ‘share [claimants] information with the Scottish Government’.119 The Scottish Federation of Housing Associations noted in their written evidence that they felt the DWP should take a ‘more rational approach to data sharing and implicit consent.’120 The Scottish Federation of Housing Associations also pointed out the comments of the Information Commissioner’s Office from April 2019 when it gave the opinion that the ‘DWP appears to be taking an unduly restrictive view of the definition of consent under data protection’.121
Government Response
Not Addressed
HM Government
Not Addressed
DWP considers fully and responds to all data sharing requests from the Scottish Government. It has established a dedicated Scottish Devolution Data Sharing Board, which brings together DWP experts to fully consider any requests and ensure that responses are managed consistently and efficiently. This Board considers any legal constraints and how these could be mitigated, ensuring there is protection of claimants’ rights, clarity of purpose, proportionality of data shared, and a consideration of whether DWP is the most appropriate source for the highest quality, most up-to- date data available. DWP is already working with the Scottish Government to ensure a clearer understanding of data processes. To do this, the Chief Data Officers of DWP and the Scottish Government have previously established a regular forum to address all aspects of sharing data across the two organisations. DWP’s Data Sharing Policy Statement has been shared with the Scottish Government to enable clear understanding between both organisations, and to ensure consistency. Each data sharing request must be examined, and the data decisions must be made and discharged by DWP, as the relevant Data Controller, in line with its legal accountabilities.