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Nice idea, but to get compensation for the distress you first need to prove damage (see section 13(2)(a)) and we all understand how impossible it will be to prove that any particular instance of fraud was causally linked to the breach
 

Phillip Bradshaw

Information Manager
Clerk to the Council

Room 111, County Hall

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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tinsley, Chris
Sent: 05 December 2007 10:13
To: [log in to unmask]
Subject: Re: [data-protection] Missing disks - it gets worse

Surely now the time for these people and others to sue for damages and distress.
 
Chris Tinsley MSc
Wiltshire County Council
 
 
Information is the key
 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 05 December 2007 10:06
To: [log in to unmask]
Subject: Re: [data-protection] Missing disks - it gets worse


I wonder if all the employees of MI5 and MI6 are on that database including people working under cover? I would suppose that a seriously organised criminal or intelligence agency would be quite interested in such a database.

Aside from the criminal gangs, there are seriously bad, yet well organised people, who scheme to get their hands on this type of  data.  How much would a gang pay to know the identity of a witness in the protection programme?  How much would a foreign government pay to have a way to cross check identities or to find ways to verify someone's background?

I wonder how difficult it would be to suborn a lowly data officer, who has, apparently, lots of access to super sensitive data.  Probably not likely as that stuff only happens in the movies and national insurance numbers are not super secret stuff any way.  

Best,

Lawrence

Lawrence W. Serewicz
Policy and Partnership Manager
Corporate Development Unit
Wear Valley District Council
01388-761-985
Ext. 311


Jethro R Binks <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues <[log in to unmask]>

05/12/2007 09:28
Please respond to
Jethro R Binks <[log in to unmask]>
To
[log in to unmask]
cc
Subject
Re: [data-protection] Missing disks - it gets worse





On Wed, 5 Dec 2007, Brenda Scourfield wrote:

> http://news.sky.com/skynews/article/0,,30100-1295689,00.html

Of course you know what will happen - eventually the disks will be find
(or we will be told that they have), and the Government will make a big
statement about how all that data is now safe again and everyone can relax
-- simply glossing over the glaringly obvious fact that the disks could
have been copied thousands of times and sold on in the intervening period.

Even had they not maliciously 'gone astray', just misplaced through
carelessness, when someone finally finds the envelope and realises what
they are, would you trust them not to make a copy anyway, having seen all
the publicity?  Maybe not for someone within the organisations at either
end, but what about all the people in the distribution chain between?  
What vetting does the courier firm involved perform on its employees?

That's the great thing about digitisation, you can 'get' a digital object
without from someone without actually needing to deprive that person of
also 'having' it, which is why licensing and copyright are such difficult
areas in the digital arena.

Jethro.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Jethro R Binks Computing Officer, IT Services University Of Strathclyde,
Glasgow, UK

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