Right of Access Request
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Right of Access Request
With 'Rights of Access' (formerly SAR's request).
I was wondering if there is a way to find out information that is blocked? For example if there is a 'false allegation' against your name/case account. Surely there is a time limit, unless the investigation is ongoing. Or how can the claimant clear their name, if they are unaware of the allegation?
Besides I thought it would rather defeat the purpose of a RoA, if you dont give the person 'Access'🤨 to the information. Unless as mentioned previously it is still being investigated, and therefore excusable. Otherwise, could a legal challenge be made that they haven't forfilled their obligations to supply the 'rights of access'?
'Claimant history'.
"Claimants can request information held in claimant history so it is important not to include anything the claimant should not know or see. This includes details of any fraud referrals made".
https://www.whatdotheyknow.com/request/767636/response/1831797/attach/html/8/FOI2021%2050409%20Claimant%20History.pdf.html
https://www.whatdotheyknow.com/request/logs_of_calls_to_claimants#incoming-1831797
https://respectfulbenefits.forumotion.com/t3358-subject-access-request-sar-template-uc-benefit-sanction?highlight=request
I was wondering if there is a way to find out information that is blocked? For example if there is a 'false allegation' against your name/case account. Surely there is a time limit, unless the investigation is ongoing. Or how can the claimant clear their name, if they are unaware of the allegation?
Besides I thought it would rather defeat the purpose of a RoA, if you dont give the person 'Access'🤨 to the information. Unless as mentioned previously it is still being investigated, and therefore excusable. Otherwise, could a legal challenge be made that they haven't forfilled their obligations to supply the 'rights of access'?
'Claimant history'.
"Claimants can request information held in claimant history so it is important not to include anything the claimant should not know or see. This includes details of any fraud referrals made".
https://www.whatdotheyknow.com/request/767636/response/1831797/attach/html/8/FOI2021%2050409%20Claimant%20History.pdf.html
https://www.whatdotheyknow.com/request/logs_of_calls_to_claimants#incoming-1831797
https://respectfulbenefits.forumotion.com/t3358-subject-access-request-sar-template-uc-benefit-sanction?highlight=request
Pintel- Posts : 1003
Points : 1184
Reputation : 23
Join date : 2018-10-19
Re: Right of Access Request
https://ico.org.uk/for-organisations/sme-web-hub/frequently-asked-questions/right-of-accesssubject-access-requests-and-other-rights/
When can I withhold information that someone has asked me to provide in a subject access request?
You should try and supply all the personal data a person has asked you to provide. At its core, data protection law is about openness and transparency – and people have the right to access their own personal data. If you withhold information, you’re denying those rights.
However, sometimes it might be appropriate to withhold some or all of the information that someone has asked you to provide. These situations – or exemptions – don’t always apply, but if they do they should be considered.
If you’re unsure whether you can withhold information in your situation, you can contact us for more advice.
Also see:
• How to deal with a request for information: a step-by-step guide
• The benefits of data protection laws
Contact ICO
https://ico.org.uk/global/contact-us/
When can I withhold information that someone has asked me to provide in a subject access request?
You should try and supply all the personal data a person has asked you to provide. At its core, data protection law is about openness and transparency – and people have the right to access their own personal data. If you withhold information, you’re denying those rights.
However, sometimes it might be appropriate to withhold some or all of the information that someone has asked you to provide. These situations – or exemptions – don’t always apply, but if they do they should be considered.
If you’re unsure whether you can withhold information in your situation, you can contact us for more advice.
Also see:
• How to deal with a request for information: a step-by-step guide
• The benefits of data protection laws
Contact ICO
https://ico.org.uk/global/contact-us/
D.Appleby- Posts : 165
Points : 254
Reputation : 8
Join date : 2021-02-19
Pintel likes this post
Re: Right of Access Request
Thanks for the reply #D.A. .
Pintel- Posts : 1003
Points : 1184
Reputation : 23
Join date : 2018-10-19
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