FINES FOR DATA LOSS

Civil Offence

Organisations guilty of data loss will face large fines after an amendment to the Criminal Justice and Immigration Act. Although the implications which faced organisations concerning data breaches are not as serious as people wanted, it still gives the Information Commissioner's Office (ICO) stronger powers.

Initially the Liberal Democrats wanted to have serious data breaches made a criminal offence. The act which was passed by the Lords in April, despite opposition from the Government, but to stop the Government's majority in the House of Commons overturning this decision and throwing out the amendment, it was downgraded.

Now if an organisation deliberately or recklessley breaches the Data Protection Act (DPA) it will only be a civil offence. The new legislation means the ICO can impose large fines on those who breach the DPA, previously it only had powers to issue an enforcement notice.

HM REVENUE AND CUSTOMS

More Than Your Jobs Worth

Recently an MP has revealed that over 600 staff at HM Revenue and Customs have been disciplined for looking at taxpayers' personal histories without permmission or a proffessional reason. In 2005 238 people were disciplined, 180 in 2006 and 192 in 2007. Some employees only got reprimanded, but a large number were fired. The HMRC has a strict policy which forbidds staff from accessing customers records unless they have a legitimate business reason. How many more are doing this that we don't know about?

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DATA SECURITY CONCERNS

Publics Concerns

According to a new OFCOM research, two thirds of people are concerned with the amount of personal information held about them by companies. Concerns about identity fraud and security surrounding personal details have risen by 15%. However, more people who use the internet are willing to give account details and other information online compared to 2005. This could suggest that more people are careful about the websites they are using.

Just 59% are more confident in knowing whether a website is truthful or reliable, while the majority of people make a judgement about a website before entering personal details. 11% do not enter their details and 16 - 24 year olds are more relaxed. The report is part of research into media literacy in the UK with the aim of protecting consumers who use digital technology.

Research found that households with children between the ages of eight and eleven years old are more likely to limit viewing of television through pin numbers and passwords, than in 2005. Astonishingly fewer households are using software or controls to regulate childrens internet access, with four out of five parents stating they do not need to because they trust their children to be responsible.

The study also found that one in three adults have concerns about mobile telephones, including risks to society and affordability. Around two thirds of older children agreed that violence in computer games affects people's behaviour, while 68% of adults believed that it could affect a behaviour.

GOVERNMENT WANTS LOG OF WEB USE

Tracking of Internet Usage

The changes to the communications data bill, were announced by Prime Minister Gordon Brown earlier this month. The proposals would implement the remainder of the European Union's Data Retention Directive.

In October 2007 the government put forward the first part of the regulations, which require telecommunications companies to keep records of phone calls to and from landlines and mobile phones.

ID CARD SCHEME

ID Cards Risk Of Fraud

The Independant Scheme Assurance Pannel (ISAP) has admitted in its 2007 annual report that the National ID Card Scheme is at risk from fraud by the people running it. The Government-appointed panel which was set-up to advise the Government on the implementation of ID cards, said the scheme would “aggregate a lot of valuable data”.

They suggested that there would be a risk of administrators abusing the situation, especially if they were offered a lot of money by someone wanting to use the details for criminal activities. One cause for concern by the ISAP was that the government did not have an appropriate way to database personal details.

The main problem was that the data will all be kept in one place, this could make it much easier for mass data loss. To minimise the risk of staff stealing and selling on people’s data, the ISAP said the Government had to monitor individual staff members and how they were using data.

The Identity and Passport Service, the department in charge of the ID Card scheme, said it welcomed the ISPA’s recommendations. It said it would identify the right people to govern the data and work to get a clear view of the relationships between all the data held as well as the relevant legislation and policy.

GOVERNMENT IN BREACH OF DATA PROTECTION ACT

The Joint Committee

The Joint Committee on human rights has warned that the government could be breaking the human rights act because of breaches in security by government departments. The government is now considering measures to tighten up data protection, a report by the Joint Committee suggests that the public is not confident about the security of data collection for the nation identity register.

Currently, government departments cannot be held criminally responsible for data protection breaches. The Commons Justice Committee is currently considering proposals to amend section 60 of the data protection act, through the Criminal Justice and Immigration Bill.

This will provide a custodial sentence as well as the existing fines for those found guilty of illegally obtaining or disclosing personal data.

TRACED WITH A CLICK

Internet Use

In the year 2000 the Regulation of Investigatory Powers Bill was introduced, which requires that every UK service provider has to monitor the websites we visit and give the information to MI5 Headquarters, Why? You tell me.

By 2009 the government plans to extend the rules to force ISP's to keep records of the sites visited using our home computers, they will also have access to e-mail accounts and be able to view every e-mail that has been sent or received. Web pages which are viewed could be used as evidence in court to help convict terror suspects and sexual offenders.

To date the government has lost child benefit discs which were not encrypted, a disc containing a list of foreign criminals who are in Britain, eleven of which have committed further crimes and lost personal details of 65000 people who file pension claims.

How can people be expected not to worry about all the surveillance the government seem to think is necessary when the public can't trust the Government to safeguard personal details that we have managed to keep safe all our lives.

A poll in the Daily Mirror found that:

• 17 % Believe the government can be trusted to keep their personal information completely confidential.
• 48 % Believe the government and public sector authority’s holds too much personal information about them.
• 57% Believe the UK has become a surveillance society.

ALL TALK AND NO ACTION

WE WANT ANSWERS

Here is one man's view on the governments data loss, when Gordon Brown was grilled about data loss he waffled on for eleven minutes. If some of the personal details leaked affected him directly all the other blunders with personal data might not happen again. It is just the actual people who put him were he is today that it affects, so as its not that important carry on the argument about whether cannabis should be classed as a class B or C drug. Please...

2007 WORST YEAR FOR DATA LOSS

Data LOSS

Last year was the worst year for data losses in the UK, with almost 37 million people's data being mislaid. Although the government child benefit fiasco was the biggest data error many other government departments and private companies have been just as incompetent too.

There has been the loss of three million learner driver records, nine NHS Trusts lost 168.000 confidential patient records. The Citizens Advice Bureau in Belfast lost 60.000 records which included people's bank details when a laptop was stolen.

The NHS has recently admitted to the loss of 300.000 prescriptions since 1997, the forms contain the names and addresses of patients. To add insult to injury from April of this year prescriptions will go up by 25p, making the total cost of a prescription £7.10.

T K Maxx lost five million credit card records after an attack on security compromised two million of their records worldwide, job website monster.com had three million contact details stolen after the website was hacked. As sensitive data is proving hard for the government and other companies to handle personal data shouldn't there be an end on talks by the government concerning ID Cards for UK Citizens?

UNIVERSITY STUDENTS TO BE GUINEA PIGS FOR ID CARDS

ID Cards

Students are going to be one of the first groups after immigrants and airport workers to be issued ID cards from the Home Office, young people and students will be asked to give their details voluntary by 2010. The best bit is that the cost for ID cards will be £30.

Your identity information will be put on a database called the National Identity Register, information in the database will be limited and only parliament will be able to change your data.

Under the ID scheme personal details will be stored on a plastic card with a microchip, you will then be monitored for life. The government thinks people will be better protected if people know other people are who they say they are, and can beat ID fraud.

Most people are surely more bothered about whether the government can keep the data safe, as judging from past records of lost data people are more worried about the government handling personal data than ID fraudsters.

Will Data Be Safe

NOVEMBER 2007 - Child benefit data lost

· DECEMBER 2007 - Nine NHS Trusts admit losing details of patience
· DECEMBER 2007 - Floppy disc with personal details of Devon police found
· JANUARY 2007 - Laptop taken from a Navy Officer which had peoples details on
· FEBRUARY 2008 - Inquiry into the loss of 2.000 Dutch criminals lost
· MARCH 2008 - 1.084 laptops and and pc's were lost by Civil Servants
· March 2008 - 300.000 patients' prescriptions lost

BIG BROTHER NATION

Nowhere to run and nowhere to hide

Do you know that the UK is the most spied upon nation in the world? The average person will have been caught on camera 300 times a day. The UK has 6000 speed cameras and eight thousand automatic number plate recognition devices, a device that reacts if your car is wanted for things such as; no insurance, stolen number plates or if the vehicle has been involved in a crime.

Imagine every phone call or text you send being monitored by the authorities, because that is just what is happening. Telephone companies now have to keep records on all landline and mobile calls you make for at least twelve months, landline and mobile phone calls made by British Citizens and businesses will detail precisely what calls are made, the time, duration of the call and the name and address of the registered user.

Records on mobile phone calls will reveal almost exactly where people are when they make a call. This can also be used to track someone's route even if they are in a moving vehicle. Electronic records will also be kept on text messages sent or received, the number the text was sent from although the content of text messages is not kept on record.

The information is available to 652 public bodies, including NHS Trusts, The Department for Transport, local councils and The Food Standards Agency. Why all these organisations need access to this kind of personal information is yet to be proven, already data has been misused or mislaid. On the plus side, certain aspects could be important to help find serious criminals or terrorist, but most agencies are allowed access or purposes that are too general with no apparent guidelines.

Although every authority has a nominated senior member of staff who is legally responsible for the use of phone data, this does not stop the data getting into the wrong hands and the senior member of staff being able to blame a junior member of staff, as suggested at what happened when the two discs with 25 million peoples child benefit and bank details went missing from HM Revenue & Customs.