My interpretation of the email they sent is that if People Plus do have consent, then it is only for them to be able to share the data they have about the customer with you. There is no mention of the consent including you giving People Plus any data, because the wording is too vague - "...allows People Plus to contact future employers for this purpose".
Without seeing the consent form signed by the customer it's impossible to tell whether it also include consent for you as the employer to provide data back to People Plus, so I would stick to my guns and ask to see a copy of the consent that was given.
Alternatively, contact the member of staff and ask for their consent yourself if they are employed with you.
Best wishes,
Michelle
Michelle Peel
Information Manager
Transport for Greater Manchester
2 Piccadilly Place, Manchester M1 3BG
Direct line: 0161 244 1123, Extension 701123
www.tfgm.com<http://www.tfgm.com>
Please do not print this email unless you really need to.
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Gater, Mike (SL)
Sent: 13 September 2016 09:55
To: [log in to unmask]
Subject: [data-protection] Request for employment confirmation
Dear all,
Below is an email received by my organisation from People Plus. All names and contact details are made up. Apologies for the lengthy email.
I am considering which condition I can use (if at all, without consent) to disclose this information? People Plus state consent is given, though when I asked for proof of that they replied "As our customer was referred onto our programme by the DWP, we do not require customer consent to confirm employment periods with the employer......., as per DWP guidelines." This is probably a simple issue, but without knowing what the DS has actually consented to, and if consent has since been revoked, I thought I'd ask the list for your opinion. They claim under the powers of the designation order (below) they can request this data??? Has anybody had similar requests and or, dealt with these types of organisations?
I am happy to provide further detail (off list) if necessary.
Good Morning
People Plus are a Government-funded training provider who works alongside Jobcentre Plus and the Department for Work & Pensions to help people back into employment, We have been informed that you have employed one of our Work Programme customers, I am trying to confirm their period of employment.
I was hoping you would be able to confirm the start date for Charles Lucian Butterworth And that Charles is still employed by yourselves
Working as (Please confirm Job role) at [Place of work] for ( Please confirm agency)
When a customer commences People Plus work programme, they signed a consent to share information document allowing People Plus to contact future employers for this purpose. The information will be shared with no third party, and is only used to ensure our information on file is still correct and up to date.
If you have any further questions, or require further verification please don't hesitate to contact me on the numbers below.
Thank you in advance
Kind Regards
Miss R.E. Questor
[cid:image003.jpg@01D209C4.23D94FD0]
Tel: 0123 456 7890
[cid:image002.png@01D20CF6.CA752A50]
Kind Regards
Mike Gater MBCS
Data Protection Officer
ISEB DP, PG Cert - Info Rights Law.
Sellafield Ltd.
H360 - Hinton House
Risley
WA3 6GR
Tel: 01925 835849
Mob: 07812252797 (Mobex 0636)
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