Page 41 - Reforming Benefits Decision-Making

can be requested. Of course, the DWP and assessment providers would
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need to update their Privacy Policy and ensure that they comply with other
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data protection requirements. In that regard, we note that the DWP already
collects and stores large volumes of sensitive personal data. Audio recording
would simply collect the same information in a different format.

2.38 The Working Party discussed whether the recording should be provided
automatically with the decision. However, on balance we decided against this.
In many cases where the claimant has received the entitlement applied for or
does not dispute the accuracy of the assessment it will not be necessary.
Working Party members were also concerned about the potentially
detrimental effect that listening back to a recording, possibly alone, may have
on some claimants with mental health conditions.

2.39 If an ‘opt-out’ basis is not possible, at a minimum the WCA and PIP
forms should be updated so that they include a tick-box for claimants to
indicate whether they want their assessment to be recorded, rather than
having to make a request separately to the assessment provider.

2.40 We also understand that trials of video-recording of assessments have begun.
We were told that claimants often feel uncomfortable being video-recorded,

99 Consideration should also be given on whether it would be possible to make transcriptions of the
assessment available if this is preferred to an audio recording. There is now software available that
provides automatic transcription and is designed to differentiate between different speakers. It could be
configured specifically for assessments and ‘trained’ to recognise medical terms.
100 Under the UK General Data Protection Regulation, data controllers must have a lawful basis for
collecting and using personal data. According to the DWP Privacy Policy, the lawful bases currently
relied upon to collect and process personal data related to health and disability assessments are that it is
required to by law (because it is the function of DWP to do so) or because it is in the public interest.
For special categories of data (more sensitive categories of personal data which includes health data),
which requires an additional lawful basis to process, most of DWP’s processing is “necessary for the
purposes of … employment, social security and social protection”. The use of automatic audio
recording of health and disabilities would likely be covered be the same lawful bases. For special
categories of data the DWP could also rely on processing being necessary for the establishment,
exercise or defence of legal claims. Especially given that the quality and accuracy of assessments is
often poor and therefore likely to lead to disputes/ legal claims (these include administrative out of
court proceedings (see Recital 52, GDPR), and include prospective legal proceedings (see Paragraph
33(a), Part 3, Schedule 1 of the Data Protection Act 2018)).

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