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DATA-PROTECTION  June 2011

DATA-PROTECTION June 2011

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Subject:

Re: HMRC and personal data

From:

"Bailey, Trish" <[log in to unmask]>

Reply-To:

Bailey, Trish

Date:

Thu, 16 Jun 2011 14:06:44 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (386 lines)

Lee

That's what Hertfordshire C Council obviously relied on and unfortunately they got out again hence the fine.





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 SHQ - Gardiner, Lee

Sent: 16 June 2011 13:42

To: [log in to unmask]

Subject: Re: HMRC and personal data



Nope but in theory by using a courier it is more likely to guarantee

delivery (as you can track its progress) than using 1st Class post.  It also

demonstrates that you are taking steps to (again in theory) guarantee

delivery and ensure the security of the information being sent (regardless

of format).



To be honest when public authorities, and especially councils, have spent

000's on GCSX connections so they can work with the DWP (and arguably share

more sensitive info on benefits etc electronically) why would HMRC ask for

electronic information via any other route?



Oh hang on they've already lost 28m records on a couple of CDs so it

couldn't possible happen again could it so what's the harm?



Lee Gardiner

Data Protection & Freedom of Information Officer



Operational Risk Management

Lancashire Fire & Rescue Service

Service Headquarters

Garstang Road

Fulwood

Preston

PR2 3LH



01772 866903

07891 718879



[log in to unmask]







-----Original Message-----

From: Jane Holden [mailto:[log in to unmask]]

Sent: 16 June 2011 13:31

To: [log in to unmask]

Subject: Re: [data-protection] HMRC and personal data



Hmm seems inconsistent and a bit woolly to me.  Sending it by courier

doesn't stop an unauthorised person opening the envelope does it.  :-)









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 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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Barrow Borough Council - Enhancing the economic and social future of the

Borough.



Think - UK businesses use 2 million tonnes of paper each year - do you

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********************

This e-mail contains information intended for the addressee only.

It may be confidential and may be the subject of legal and/or

professional privilege.

If you are not the addressee you are not authorised to disseminate, distribute, copy or use this e-mail or any attachment to it

The content may be personal or contain personal opinions and unless specifically stated or followed up in writing, the content cannot be taken to form a contract or to be an expression of Lancashire Fire and Rescue Service's position.  Lancashire Fire and Rescue Service reserves the right to monitor all incoming and outgoing email

Lancashire Fire and Rescue Service has taken reasonable steps to ensure that outgoing communications do not contain  malicious software and it is your responsibility to carry out any checks on this email before accepting the email and opening attachments.



********************

GET OUT - STAY OUT - CALL THE FIRE SERVICE OUT

********************



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--------------------------------------------------------------------------------------------------------------------

This email and any files transmitted with it are confidential and

intended solely for the use of the individual or entity to whom

they are addressed. If you have received this email in error 

please notify the originator of the message. 



Any views expressed in this message are those of the individual

sender, except where the sender specifies and with authority,

states them to be the views of Telford & Wrekin Council.



The content of this email has been automatically checked in 

conjunction with the relevant policies of Telford & Wrekin Council.



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