"City of York Council and North Yorkshire County Council, refused the request because they keep no central register and collating the information would take longer under the appropriate limit stated in the Freedom of Information Act. "
Surely any such incident should constitute a recordable, and probably notifiable, breach (if not a criminal offence)? Do they not keep records of such breaches? Why on earth not?
If any of these incidents have been notified to the ICO, why does he appear not have taken enforcement action?
I suspect this problem is rife. I attended a seminar once where a civilian FOI/DPA police worker spoke light-heartedly about officers using the PNC on a regular basis to check on current and prospective romantic partners. She was unaware that this could constitute a criminal offence.
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
Room 112a, Old County Offices
tel: 01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of chris pounder
Sent: Wednesday 05 January 2011 12:21
To: [log in to unmask]
Subject: [data-protection] North Yorkshire Police in 39 data protection law breaches
It looks as if there is an interesting FOI request about misuse of personal data doing the rounds.
Chris
http://www.gazetteherald.co.uk/news/8769940.Police_in_39_data_protection_law
_breaches/
North Yorkshire Police in 39 data protection law breaches
8:10am Wednesday 5th January 2011
By Julie Hayes
NORTH Yorkshire police officers and staff breached data protection laws 39 times in the past three years, the force has revealed.
In response to a Freedom of Information request, North Yorkshire Police said the incidents included officers and staff conducting checks of private telephone numbers, obtaining personal data without consent, accessing personal and custody records "inappropriately and without good reason" and attempting to secure unauthorised access to computer programmes and data.
In February 2009, one PCSO was accused of misusing systems to pass information on to local criminals and an officer looked up a motor vehicle he was in the process of buying to check if there were any outstanding reports relating to it.
North Yorkshire and York NHS Trust, who had a similar FOI request, said it had not disciplined any of its staff for illegally or inappropriately accessing the personal data of a member of the public over the past three years.
City of York Council and North Yorkshire County Council, refused the request because they keep no central register and collating the information would take longer under the appropriate limit stated in the Freedom of Information Act.
Assistant Chief Constable Sue Cross, of North Yorkshire Police, said the organisation's and individuals' responsibilities in ensuring the integrity of police information and personal data was regularly reinforced to all staff during training and ongoing use of systems.
She said: "We believe that this system is fair to those who have made a genuine mistake, while at the same time dealing very robustly with any serious non-compliance which might occur.
"Members of the public can be reassured that data security is of the utmost importance to North Yorkshire Police.
"We are very proud of our record in setting out and enforcing high standards of professional behaviour."
The use of restricted force data systems and email is monitored as part of the core activity of the Professional Standards Directorate to enable the force to identify any non-compliance and to investigate any suspected transgressions.
Sanctions include verbal advice, written warnings, formal reprimands and, in the most serious cases, dismissal, she said.
C Copyright 2001-2011 Newsquest Media Group http://www.gazetteherald.co.uk
Dr. C. N. M. Pounder
Director, Amberhawk Training Ltd
Phone: 0845 680 2623 or Mob: 07735 365 585
www.amberhawk.com
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Buckinghamshire County Council
Visit our Web Site : http://www.buckscc.gov.uk
Buckinghamshire County Council Email Disclaimer
See the results of The Bucks Debate: www.buckscc.gov.uk/bucksdebate
This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author or [log in to unmask] immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Buckinghamshire County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail. All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation.
The views expressed in this email are not necessarily those of Buckinghamshire County Council unless explicitly stated.
This footnote also confirms that this email has been swept for content and for the presence of computer viruses.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|