My overall Benefits journey from 2013 to date - and on going still!!

[silverfox1961]

Just found this article. While it doesn't deal specifically with ATOS it does shed light on the recording in private places-Hospitals or doctors surgery being the one here

 

http://www.hsj.co.uk/resource-centre/best-practice/secret-audio-recordings-know-the-law/1332221.article

[silverfox1961]

I think this thread may be confusing overt and covert recordings. Anyone has the right to refuse to be recorded-if they know about it. (obviously not if you are being recorded under caution) The difference is that with a covert recording, the assessor has no knowledge of this and as such cannot object.

 

The recording itself cannot be used without the assessors permission (which I would say would be unlikely forthcoming) however a transcript could be made and so long as the assessors name is redacted, I would see no legal 'wrong' as there would be no personal information other than the claimants. The assessor is unlikely to offer personal information in any interview and if they did, that could also be redacted from the transcript.

 

As the recording would be for personal use, the DPA would not come into play however, if the recording was passed to a third party then s36 would come into play.

 

Council meetings are already recorded, either physically or by a stenographer. Courts I would imagine are covered by legal privilege and of course the contempt laws could also be used.

 

A few years ago, I worked as a security guard in shopping centre and an elderly couple were taking photographs and were asked to stop as they didn't have permission. They were quite openly taking the pictures but if I were to do the same but covertly, they wouldn't know about it and therefore not be able to do anything about it.

[silverfox1961]

Hi

This, to me, is a serious breach of data protection so possibly a two pronged approach here.

 

1 A formal written complaint and sent by snail mail to the benefits section outlining what they have done wrong (not updating addresses-sending to wrong address)

 

2 Another complaint to the Data Compliance manager detailing what the benefits section has done.

 

I say two pronged because it is usual for one department to have no communication with another.

 

Include photocopies of the envelope and ask your neighbour if she will agree to back up the statement:

 

they told her to open it