Claimant commitment confusion

[jasta11]

Just seen this thread. Had exactly the same thing when I was at Ingeus; they wanted to do mock interviews with video. They thought us poor, thick unemployed would think it was mandatory but we were a clued-up bunch and ALL of us said 'No chance - and if you try it we'll report you for taking our personal data - ie the videos - without our freely-given consent as required by the Data Protection Act 1998.'

 

The tutor dropped the subject immediately. In fact he dropped the whole mock interview thing too.

[trebormoinet]

without our freely-given consent as required by the Data Protection Act 1998.'

Well thank you so much for the info, so basically I can use the data protection act to prevent them from videoing me unless I freely give my consent, which would not be the case if I am mandated to comply, I really hope this is my get out clause so I can wipe the smug face of my advisor who adamantly told me I have participate else I would be sanctioned.

[Mr.P]

trebormoinet: You can not be mandated to give up your rights, so use the freely given informed consent line, and if they demand it, lodge a formal complaint with the DWP. It is the DWP that are the registered data controller for all Work Programme providers, so they would have to take the rap from the ICO if it got that far.

[trebormoinet]

Forgive my ignorance on such things but I am confused as to how I can use the data protection act to prevent them from mandating me to undertake a mock video interview if the only use of it is to replay it to me, then destroy it, I can see where it might be relevant if the recording would be stored and or used in other ways, but for the the purpose they intend I cannot fathom how the data protection act would apply, unless the fact they are recording it can be construed as processing collecting?

[stevemLS]

I can see absolutely nothing wrong with asking you to do this and if it is reviewed with you and you are given advice on how to modify your interview technique it might even help you get a job.

[obiter dictum]

I can see absolutely nothing wrong with asking you to do this and if it is reviewed with you and you are given advice on how to modify your interview technique it might even help you get a job.

 

Then you care nothing about informed consent and Article 8 ECHR

 

We may not agree to some of the articles, but start redacting parts and where do you stop?. They are there exactly for the reasons outlined, to stop politicians playing with basic human right of individual choice for political gain

[stevemLS]

Then you care nothing about informed consent and Article 8 ECHR

 

We may not agree to some of the articles, but start redacting parts and where do you stop?. They are there exactly for the reasons outlined, to stop politicians playing with basic human right of individual choice for political gain

 

Tell me why it interferes with Article 8 rights,:

 

Article 8 – Right to respect for private and family life

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

 

How is his "private and family life, his home and his correspondence" being disrespected?

 

In what way is helping him find a job not "necessary" for the "economic well-being of the country". Something is obviously stopping him/her from getting a job, maybe it is interview technique. From what OP says the purpose in recording the mock interview is to review with the OP and offer help with interview skills, there is no plan to use it in any other way.

 

There is no more enthusiastic advocate for the ECHR than me but convention rights are not being interfered with here.

[obiter dictum]

Yes they are

 

I was threatened with a sanction if i did not give the Job centre advisor my password for access to my Universal Jobs Match website which i was mandated to set up

 

You cannot be forced to give such personal data with a threat of any possible sanction by any member state unless required by law for the protection and detection of crime

 

Your image being recorded is personal and belongs to you alone.

 

There can be no Margin of Appreciation or Derogation on this as it is informed consent

[stevemLS]

Afraid that is wrong as a matter of law, the Article itself defines those circumstances in which Article 8 rights may be interfered with:

 

"such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."

 

The law is in place to permit mandatory requirements of claimants and it is necessary for the economic well-being of the country that as many people as possible should be in employment. (The purposes for which Article 8 may be interfered with are NOT limited to the prevention and detection of crime.

 

That would be the argument I would run anyhow, were I to be acting for the DWP.

 

I am simply trying to say that it is "against Human Rights" is not enough.

[obiter dictum]

I would not go there if i were you

 

I took my complaint Direct to the Information Commissionaires office who agreed with my logic

 

The only information and compliance the claimant has to give is what is specified in law, no more

 

Take the so called compulsory access to your Universal Jobs Match account by the benefit advisor

 

That is why it gives you the choice to allow them access or not when you sign up for the account to allow third party access. It is not compulsory

 

From a Freedom of Information Request

 

I would like you to advise about it's privacy

policy/terms of service/use. Since, those who use the Universal Job Match are given the option

NOT TO SHARE information with the job centre plus, etc;

 

Access to your Universal Jobmatch account is only available to DWP staff once you have

given your consent; this is on a voluntary basis.

[trebormoinet]

Well I am still non the wiser, I will say where is the law that requires its citizens to undergo mock video interviews in order to gain employment unless I have misinterpreted

 

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law.

 

and regard to

1. Everyone has the right to respect for his private and family life.

 

A definition I have found states, respect:

 

have due regard for (someone's feelings, wishes, or rights).

 

My wishes and feelings have not been taken into consideration so I would argue that point.

 

I feel this would fall under the data protection act that the mere act of recording could be interpreted as processing and collection even if destroyed immediately so would require my consent, unless they did it covertly.

 

As for the benefit of the countries economy IDS would be employing electric shock therapy if depression was a barrier to work and at the moment that is not the case, a bit of a wild analogy lol

[stevemLS]

But we are not talking about access to a computer account, so what the ICO had to say about that is irrelevant.

 

We are not talking about access to any information, we are talking about a job search skill.

[obiter dictum]

But we are not talking about access to a computer account, so what the ICO had to say about that is irrelevant.

 

We are not talking about access to any information, we are talking about a job search skill.

 

I give up

 

For someone who is obviously intelligent you refuse to accept any link with the two subjects being debated

 

That is Data Processing and the Data Protection Act 1998

 

I will now withdraw and comment no more as we have reached an impasse

[trebormoinet]

Righto so far I have concluded rightly or wrongly that

 

My image is classed as personal data / information.

 

In order to process my personal information IE record a mock interview it would require my consent.

 

The data protection act states:

 

Except under the below mentioned exceptions, the individual needs to consent to the collection of their personal information and its use in the purpose(s) in question. The European Data Protection Directive defines consent as “…any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed”, meaning the individual may signify agreement other than in writing. However, non-communication should not be interpreted as consent

 

The list of exceptions is quite long but I cannot find anything relevant to my situation:

http://www.legislation.gov.uk/ukpga/1998/29/part/IV

 

So maybe my first action should be an Email to my advisor stating I do not give my consent to be recorded in a mock interview just so they cannot imply I gave verbal consent.

[jasta11]

Turn the situation around; if you went into the WP offices with a video camera and started recording them, you can bet your life they would very quickly start quoting the Data Protection Act to try and make you stop.

 

Apart for said Data Protection issues, it's a completely pointless exercise to video mock interviews as they're always held in front of the whole class anyway, who can see exactly what you might be doing right or wrong and can discuss it afterwards. No need whatsoever for any physical recorded evidence.

 

..plus,the whole idea of mock interviews is to represent a real-life interview situation. I've had countless interviews in my lifetime and not once has any employer used video cameras to record the interview. I imagine nobody here has ever been video recorded during a real interview either. Use that against them.

[trebormoinet]

it's a completely pointless exercise to video mock interviews as they're always held in front of the whole class anyway

 

Cripes it gets worse, I presumed they would be held in private due to the fact I might be disclosing personal information during the interview.

 

In a way it assumes I am not self aware enough to know my own foibles but the fact of the matter is I am all to well aware of my self and do not require video evidence.

[Mr.P]

Cripes it gets worse, I presumed they would be held in private due to the fact I might be disclosing personal information during the interview.

 

If these mock interviews are held in public, make sure you are the first in line. Announce loudly that you will not be discussing personal information in front of unauthorised individuals nor do you wish to have proceedings recorded. Sit back and watch the session descend in to chaos.

 

Your interpretation of the DPA is spot on. Print this out along with a reference to the full text of the act and hand it to your "adviser".

[telekon]

the dreaded work programme again! god these providers really think they can get away with anything.. I have just started my work programme, but hopefully I will be starting a P/T job soon so I havnt got as far as mock interviews, esp in public, I have a slight stammer, and its worse with public speaking, so I would of really got stressed about that, I hope you can get out of it, they have no right to treat the unemployed the way they do

[trebormoinet]

If these mock interviews are held in public, make sure you are the first in line. Announce loudly that you will not be discussing personal information in front of unauthorised individuals nor do you wish to have proceedings recorded. Sit back and watch the session descend in to chaos.

 

Your interpretation of the DPA is spot on. Print this out along with a reference to the full text of the act and hand it to your "adviser".

 

Ok thanks Mr.P for confirming that I am on the right track, it makes me realise just why lawyers demand sky high fees, for me anyways legal jargon is just verbal diarrhea I can grasp parts then my eyes start to bleed, it is so easy to misinterpret such things.

 

I am reading up as much as I can about the subject because I still feel I am on slightly shaky ground but in this thread Jasta has first hand experience of the subject and they accepted it would require consent, so unless the manager / advisor did not feel up to forcing the issue or was just to lazy to bother I should be able to report next week after seeing my advisor that no I cannot be forced to undertake a video interview, alternatively I am going to be handing around the begging bowl lol.

[LazyToucan]

I would probably try to compromise with them. Tell them you're quite happy to take part in a one on one interview, but do not feel comfortable having it recorded.

 

I like to give my WP provider their little victories now and then, so agreed to having a mock interview. Mine wasn't recorded though, that would definitely have been a step too far! The fact the so called interview was held in the middle of an open plan office was bad enough however.

 

You can also have a little fun with these things as well though. I made sure I had plenty of hard to answer questions for them at the end of the interview, turn the tables and make them squirm a little bit

[jasta11]

I would probably try to compromise with them. Tell them you're quite happy to take part in a one on one interview, but do not feel comfortable having it recorded.)

 

Yes, I wasn't saying refuse the actual mock interview, just the video recording bit. Always be aware that you have to be seen to be participating and making an effort in any 'reasonable' request by the WP so as LazyToucan says try and meet them halfway then nobody can say you're not showing willing.

 

While with Ingeus I was sub-contracted to another WP for a few weeks who were absolutely great and treated their customers very well indeed - total opposite if Ingeus. We had mock interviews there but they didn't try and record people and they were done with a lot of fun and messing about. It needn't be a bad experience..but you still want to go first and get it out the way then you can sit and laugh at everyone else.

[obiter dictum]

"Customers"??

 

Can you believe this speak??

 

I am not buying a bag of spuds

 

I am a claimant, not a customer

[Mr.P]

"Customers"??

 

Can you believe this speak??

 

If I am a customer, then I expect to be addressed as Sir at all times.

[trebormoinet]

I did say to them I am happy to do the mock interview, my main issue is they want to record it.

 

I actually spent 2 years working for a theatre group putting on shows to various groups such as schools hospitals etc so I have no issue with acting out a mock interview my only problem is deciding who to be on the day, mr perfect I understood the superSTAR workshop look how good am I am ready for your candidate pool or the omg what am I doing here ive dried up I cannot answer a thing no wonder I haven't found work yet back to the workshop we cannot consider you ready for the candidate pool yet.

 

When they mention the candidate pool the name that crops up the most is the 99p stores with a guarantee of a minimum 12 hours work , so getting onto the candidate pool is certainly worth the effort ( insert sarcasm)

[Mr.P]

When they mention the candidate pool the name that crops up the most is the 99p stores with a guarantee of a minimum 12 hours work

 

Is this 12 hours of paid work, or another Poundland type "work experience" sc_m ?

 

With many stores planning Christmas staffing, I take these "candidate pools" with a large bag of salt at this time of year.