Comments on: Even more social welfare leaks http://www.digitalrights.ie/2007/10/16/even-more-social-welfare-leaks/ Civil, Legal and Human Rights in a Digital Age Fri, 03 Sep 2010 21:21:26 +0000 http://wordpress.org/?v=2.9 hourly 1 By: Ronan http://www.digitalrights.ie/2007/10/16/even-more-social-welfare-leaks/comment-page-1/#comment-35505 Ronan Sun, 04 Nov 2007 18:04:32 +0000 http://www.digitalrights.ie/2007/10/16/even-more-social-welfare-leaks/#comment-35505 Goes to consolidate the view that sacking state employees is terribly hard, as many have dedicated their lives to service. Even when it turns out that some form of malfeasance exists. Do civil servants still have to sign the official secrets act and if so what sanctions in addition can be levied? Assuming this is still in-force (goes to check) I gather its a section 13 offence according to the act. Ronan 1. Official Secrets Act 1963 see McDonald v R.T.E. [2001] 2 I.L.R.M. 1 S.C. ss.4, 5, 9 – amended: 1997, No.13, s.48. ss.7 and 8 – repealed: 2001, No.50, s.3 and Sch.1. ss.8. 13, see DPP. v District Judge Finn [1999] Goes to consolidate the view that sacking state employees is terribly hard, as many have dedicated their lives to service. Even when it turns out that some form of malfeasance exists.

Do civil servants still have to sign the official secrets act and if so what sanctions in addition can be levied? Assuming this is still in-force (goes to check) I gather its a section 13 offence according to the act.

Ronan

1. Official Secrets Act 1963
see McDonald v R.T.E. [2001] 2 I.L.R.M. 1
S.C.
ss.4, 5, 9 – amended: 1997, No.13, s.48.
ss.7 and 8 – repealed: 2001, No.50, s.3 and
Sch.1.
ss.8. 13, see DPP. v District Judge Finn [1999]

]]> By: barry http://www.digitalrights.ie/2007/10/16/even-more-social-welfare-leaks/comment-page-1/#comment-33264 barry Sat, 20 Oct 2007 09:43:30 +0000 http://www.digitalrights.ie/2007/10/16/even-more-social-welfare-leaks/#comment-33264 She resigned becasue she could!! She was obviously advised by colleagues/union/someone... that she could resign and not be sanctioned. The methodology is used throughout the public sector, most notably in the Garda. It is the cop out used by management to avoid conflicts. The Dept should have summarily dismissed her, and there should be a means of doing so. Of course there are human rights issues here but the contracts of public servants should include provisions to do so. If she had a 'right' to see records in the Depts database, and it is hard to see how she could do her job otherwise, then a) there should be an audit trail of use, as there appears to have been AND b) use of personal data on social security clients should be audited in relation to actual requirements, her actual work load should also be audited. In other words all her actions should be audited. Breaches of the code means instant dismissal. This is the minimum a secure system needs. If there is a problem with this approach then the staff concerned can decide to do other types of work. Draconian?? well, it is better to have proper management of the data rather than a system where individuals data is broadcast without their permission or knowledge. Bye, Barry She resigned becasue she could!! She was obviously advised by colleagues/union/someone… that she could resign and not be sanctioned. The methodology is used throughout the public sector, most notably in the Garda. It is the cop out used by management to avoid conflicts.

The Dept should have summarily dismissed her, and there should be a means of doing so. Of course there are human rights issues here but the contracts of public servants should include provisions to do so. If she had a ‘right’ to see records in the Depts database, and it is hard to see how she could do her job otherwise, then a) there should be an audit trail of use, as there appears to have been AND b) use of personal data on social security clients should be audited in relation to actual requirements, her actual work load should also be audited. In other words all her actions should be audited. Breaches of the code means instant dismissal. This is the minimum a secure system needs. If there is a problem with this approach then the staff concerned can decide to do other types of work. Draconian?? well, it is better to have proper management of the data rather than a system where individuals data is broadcast without their permission or knowledge.

Bye, Barry

]]> By: Fergal http://www.digitalrights.ie/2007/10/16/even-more-social-welfare-leaks/comment-page-1/#comment-33143 Fergal Wed, 17 Oct 2007 12:52:57 +0000 http://www.digitalrights.ie/2007/10/16/even-more-social-welfare-leaks/#comment-33143 DRI is highlighting good issues and is doing good work. It will need to raise the interests of the ordinary person to progress any change here. The fact that these stories never appeared in most popular daily stories in the independent is telling. Unfortunately this is still seen by politicians as an anorak issue. How to make it mainstream? DRI is highlighting good issues and is doing good work. It will need to raise the interests of the ordinary person to progress any change here. The fact that these stories never appeared in most popular daily stories in the independent is telling. Unfortunately this is still seen by politicians as an anorak issue. How to make it mainstream?

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