Phil

Your obligation is to the organisation you are working for as in the "eyes" of the law your org is the Data Controller and responsible for the transfer. I would personally (as far as possible) insist on a form of encryption for the transfer of data or alternatively (send it via Gov Connect - which would not require the encryption of the actual information.

I would also be inclined to speak to ICO and explain your situation and ask what they can advise. Either way an acceptable method of transfer needs to be reached (its not that you are not cooperating but your organisation has obligations under DPA as well as everyone else).

I absolutely astonished that HRMC are operating in this manner - it would appear lessons have not be learned.

Many thanks
Trish
Trish-louise Bailey
Audit & Assurance (Information Governance)
(IG covers: Data Protection & Privacy, FOI, Information Security, Information Sharing & Confidentiality, Information & Records Management, Information Quality & Assurance)
Telford & Wrekin Council
Civic Offices
Coach Central
Telford
TF3 4HD
www.telford.gov.uk

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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 15 June 2011 17:24
To: [log in to unmask]
Subject: HMRC and personal data

I have been consulted by my payroll team.

I am told that HMRC require us to export P11d information (which from a tax perspective is about mileage claims and includes staff personal data), and this gets placed on floppy disk (cd's not allowed !) and sent "via post" to HMRC. As far as can be discerned there is no encryption being used. The HMRC website says that the files must not be "compressed" - whatever that means - and why, since there should never be any issues with lossless compression or encryption as the "original" file can be duplicated.

Has anyone come across this. I am amazed, in view of history, that HMRC sanction this. I am still trying to get chapter & verse from HMRC but they are rather unresponsive at the moment. I can of course use a traceable courier service if it would place us in breach of our tax obligations to delay the info. , but even that places me in breach of our own policy which is now quite clear : "where possible avoid the use of removable media for the storage or transfer of personal data and where this is not possible use an appropriate level of encryption ".

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