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DATA-PROTECTION  June 2011

DATA-PROTECTION June 2011

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Subject:

Re: HMRC and personal data

From:

"Bradshaw, Phillip" <[log in to unmask]>

Reply-To:

Bradshaw, Phillip

Date:

Thu, 16 Jun 2011 13:24:40 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (268 lines)

 
The A4E and ACS law penalties were mostly not sensitive PD . There was
however some in each case.



Phillip Bradshaw


Room CY5C, County Hall

Phone:         029 2087 3346
Mobile :        07890 265987 
Fax:              029 2087 3349

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 16 June 2011 13:19
To: [log in to unmask]
Subject: Re: [data-protection] HMRC and personal data

Jane,
Good question. My first guess is that paper cannot be encrypted but a
disk can.  If you fail to encrypt the disk, even though you know the
need, then you can be seen not to have taken reasonable steps.

If there was a way to encrypt paper, as paper, then that would need to
be considered.  Ideally, if the information is sensitive personal (as
opposed to personal information) I would expect a courier service to
demonstrate the reasonable steps to keep information secure.

So far as I can see, the breaches and the fines have been around
sensitive personal information rather than just personal information.

Happy to be corrected.

Best,

Lawrence



-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: 16 June 2011 13:02
To: [log in to unmask]
Subject: Re: [data-protection] HMRC and personal data

This is probably a really stupid question so forgive me but I'm at a
loss to see what the difference is between sending personal data in
paper format via post and an unencrypted disc?


Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria  LA14 2LD
Tel:  01229 876452
Fax: 01229 876515





-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bailey, Trish
Sent: 16 June 2011 12:56
To: [log in to unmask]
Subject: Re: [data-protection] HMRC and personal data

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

em:   [log in to unmask] or [log in to unmask]
tel:    01952 382537
mb:   07528 969455

-----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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