Posts filed under 'Privacy - General'

80 Government laptops missing – how much of our personal information is in the wrong hands?

Today’s Irish Independent covers the revelation (via Ruari Quinn’s Dáil questions) that over 80 government laptops – together with other items such as USB keys and Blackberries – have been lost or stolen over the last five years. It appears from the responses to those questions that the laptops weren’t encrypted, but it’s not fully clear what was on each device. We’ve pointed out before that the State’s security standards for personal data appear to be extremely lax – suggesting that it’s essentially a matter of luck that we haven’t had private files compromised on as large a scale as the recent English loss of data on 25 million individuals. The Data Protection Commissioner is already investigating the lax culture within some Government Departments where snooping or sale of personal information is common – but past experience suggests that real change won’t happen unless there is public pressure for it.

So what can you do to protect the private information the State (Revenue, Social Welfare, HSE, Passport Office, local authority, etc.) hold about you? We’d suggest you start making some noise. Start by complaining to your local TDs – if they use email it will usually have the address: firstname.surname@oireachtas.ie. You can find full contact details for your local TDs here. Let them know that personal privacy is an important issue for you. Ask them why the State has been so careless with our private information that the Data Protection Commissioner has said that he has warned of these risks for years, and has said that the State needs “a wake up call”. Ask them what they plan to do about it. And of course you can ask them why, in light of this carelessness, they should be trusted to bring in data retention.

Add comment February 8th, 2008

Ireland guilty of “systemic failure” to protect privacy – Privacy International

Ireland continues to suffer from a systemic failure to protect privacy, according to the new report of watchdog Privacy International on Leading surveillance societies in the EU and the World 2007.

Their 2007 Report is a comprehensive document based on a survey of 47 countries and consultation with over 200 experts worldwide. Countries are assessed based on their privacy record and laws in relation to areas such as identity cards, biometrics, workplace surveillance and democratic safeguards. Despite having a generally good track record on privacy in many areas, Ireland overall receives the third lowest grade – systemic failure to protect privacy – based largely on Ireland’s excessive data retention laws, the government’s failure to protect privacy at EU level, excessive use of PPS numbers, and the planned introduction of automatic number plate recognition without adequate safeguards.

We were privileged to be able to work with Privacy International in drawing up their national report on Ireland, and we believe that it is unacceptable that our Government should continue to undermine the right to privacy in this way. If you agree with us you can click here to send a prepared email to the Minister for Justice – you need only fill in your name and [optional] address – asking what he plans to do to remedy the flaws identified in the Privacy International report.

4 comments December 29th, 2007

UK security breaches – Irish situation is no better

The Data Protection Commissioner has said that the recent UK security breach could just as easily happen in Ireland and that public bodies have ignored years of warnings about data security:

Data Protection Commissioner Billy Hawkes has issued a stark warning about the dangers of Irish public bodies suffering the same embarrassment as their counterparts in the UK, where disks containing the personal data of 25 million people have gone missing.

Mr Hawkes said he had serious concerns about the levels of data security in some public bodies that handle large amounts of information about citizens. He hoped the breach of data security in the UK would be a “wake-up call” for Ministers and for Irish bodies that need to improve their standards.

Warning of the dangers of individuals in public-sector bodies leaking private information, Mr Hawkes pointed out that there was clear evidence of this happening in the Department of Social and Family Affairs, where information about people had been passed to insurance companies. For this reason, the department’s data protection procedures were currently being audited. “We’ve been warning for years about the danger of information about us previously held in silos in the public sector being brought together in centralised databases and accessible to large numbers of public servants,” Mr Hawkes told RTÉ Radio’s News at One programme…

The situation in Britain should be of concern to everyone in Ireland, he continued, because similar amounts of information were held in government departments here. He stressed the need for organisations to keep their IT systems up to date and to encrypt sensitive data. In addition, it was important that employees were trained in security protocols and that those guarding personal information realised they had an “absolute duty” to keep it secret.

Asked if he was satisfied with the safeguards in place, Mr Hawkes replied: “I’m not at all satisfied. I have serious doubts about the quality of data security in some of the major agencies which have leaked data here. That’s why we’re auditing them.” [emphasis added]

2 comments November 22nd, 2007

UK security breach shows why data retention must be stopped

From the Irish Times:

Britain’s prime minister Gordon Brown and chancellor Alistair Darling were left reeling last night after the astonishing disclosure that the personal data of 25 million people and 7.25 million families across the UK has been lost.

The Metropolitan Police are now leading the search for two disks containing details of the UK’s entire child benefits database. The data was downloaded in breach of all standing procedures by junior officials at HM Revenue and Customs (HMRC) and then sent to the National Audit Office via an internal postal system that was not recorded or registered….

The data contains names and addresses of parents and children, national insurance and child benefit numbers and, in some cases, bank or building society details.

How long will it be before the giant databases created by data retention laws are compromised? Governments worldwide, and the Irish Government in particular, have shown that they cannot be trusted with the information they already have. Now is not the time to create even more databases.

This case also highlights the importance of our call for a right to be warned when your personal data is exposed. Under Irish law as it stands there is no obligation on the State – or anybody else – to warn you when they have allowed your personal information to be compromised. The first you may know about it is when you feel the effects of identity theft. But by then it will be too late.

Add comment November 21st, 2007

Even more social welfare leaks

Today’s Irish Independent has details of yet another case of a civil servant in the Department of Social and Family Affairs selling personal information to the media. As before, there is no evidence of any official inclination to take these cases seriously – the offender in this case was allowed to resign and no further action taken against her. And yet again serious questions arise:

* Why wasn’t this case referred to the Gardaí for criminal prosecution?
* How did it take a full year to take action against her?
* Who was responsible for the decision to allow her to resign and to allow the matter to be brushed under the carpet?

Official gave private details to media in new leak shock

Tuesday October 16 2007

A SENIOR civil servant has resigned after she was found to have improperly accessed and passed on personal records of up to 40 individuals.

The married woman, who worked at the Department of Social and Family Affairs for at least 16 years, was accused of passing on information to a Sunday newspaper, which then published the confidential details. She was found to have improperly accessed the records of many others, including high- profile individuals.

Breached

The leaks — which breached the Data Protection Act — only emerged after the department received a solicitor’s letter from a woman whose social welfare details were published by the newspaper.

The breach came two years after a department employee was found to have passed on confidential information to his criminal brother, who then burgled a man and attempted to extort money from three men.

The improper access also occurred despite an investigation being carried out by the Data Commissioner, after the details of Euromillions winner, Dolores McNamara, were viewed by over 100 employees.

The victim — whose identity is known to this newspaper — was separated from her husband. He had just completed a multi-million euro property deal and days later she found her name, date of birth, new address and social welfare benefits published in the national newspaper.

She was immediately suspicious, as details of her address were included in the article, details she had passed on to the department just two weeks earlier.

An immediate investigation was launched and the computer use of a senior staff officer was examined.

“The results of our examination reveal that this officer accessed eight very high profile cases in addition to the two mentioned,” the internal documents state.

“It is also noted that 30 other cases from all parts of the country were accessed.”

They questioned her and pointed out that some of the individuals were public figures. In many cases she was the only department official to have accessed the details, and in most cases an article appeared in a newspaper just days later.

In the majority cases she said she “couldn’t remember” why she had opened the electronic files or said she had “no explanation” for her behaviour.

“She was advised that, in addition to the issue regarding access in the previous cases, that in each instance in the following nine cases an article appeared in xx newspaper [paper's name removed] some two to three days after she had accessed the system,” officials wrote after interviewing her.

She admitted to accessing the details but claimed she had never “intentionally” passed on any information to a third party.

However, she was warned that her actions amounted to grave misconduct and if she did not submit a plausible explanation for her actions, she would be dismissed. Just two days later, in May of last year, she offered her resignation.

Stress

“This entire episode has caused me considerable stress and upset so for health reasons I consider that I should just simply resign at this juncture,” she stated in a letter to the department.

She was given ample opportunity to offer an explanation for her conduct but failed to do so.

She claimed she was suffering from health problems as a result of the stress and worry and, for this reason, her resignation was accepted instead of sacking her.

“On balance, resignation might be reluctantly accepted taking everything into account,” officials decided in August last year, almost a full year after her misconduct was discovered.

3 comments October 16th, 2007

Yet more social welfare leaks

Today’s Irish Independent reveals still more leaks from the Department of Family and Social Affairs, along with information that the leaks were used by criminals to target their victims. As we’ve said before, there is a systematic problem of staff in public bodies abusing sensitive personal information, and no evidence of any political will to stop it. This case raises some serious questions:
* It is apparently “common practice” among department employees to be “checking people casually”. What does the Minister intend to do about this? How many employees have been sanctioned for doing this?
* Why did the Department conceal this case and express concern that it might “go public”?
* Why did the Department fail to discover this leak, acting only when notified by Gardai?

If you share our concern, you can click here to email the Minister, Martin Cullen looking for answers.

Full text:

Civil servant mole leaked intelligence to criminal

Security fears after top official gave information to his criminal brother

THE security of everyone’s personal and financial details is in serious doubt after a civil servant mole leaked highly sensitive information to his criminal brother.

The Irish Independent can reveal the brother used the key information, which is held by the Government, to burgle one man and attempt to extort money from three businessmen.

The mole worked in the Data Protection Section of the Department of Family and Social Affairs and broke the Official Secrets Act by passing on the details.

He later admitted to officials that it is common practice amongst civil servants to check up on the financial status of friends, family and acquaintances.

The married father passed on information including PPS numbers and the earnings of the men targeted by his criminal brother. Other records accessed out of “curiosity” were those of a politician, pop star and a “notorious criminal”.

The department was unaware of the breach until detectives from the National Bureau of Criminal Investigation contacted officials and told them the criminal had the sensitive information in his possession, and he had received it from his civil servant sibling.

It can also be revealed that there have been a number of breaches since, with employees deliberately leaking sensitive information to third parties.

A file on the matter was sent to the DPP but the department has refused to reveal the outcome of the investigation into the leaking of sensitive and confidential information.

The former employee:

* Checked personal details of colleagues and that of former acquaintances;

* Told his bosses that it was “common practice” among department employees to be “checking people casually”;

* Claimed he looked up classified information out of “nosiness” and “curiosity”.

When the breach was discovered it was feared he maliciously tampered with other records.

The documents, which have been released under the Freedom of Information Act to the Irish Independent, also reveal that department officials were anxious about the serious breach becoming public knowledge.

Emails sent between officials assigned to gather background information on the employee and his activities state: “You need to be aware of this. The risk that this could go public is genuine.”

So serious was the breach that teams from eight different sections within the department were drafted in to carry out the internal investigation.

Documents show the illegal activity emerged in April 2003 when gardai sent a letter to the department about their investigation into “three attempts to extort monies from businessmen” in the Dublin region.

“When X was arrested he had possession of a piece of paper which contained the name, address, former address, date of birth, PRSI No and amount earned the previous year,” the garda document stated.

Gardai pointed out the accused had a brother working in the department and asked that a full audit be carried out to ascertain had he accessed confidential details of the three men.

The former employee — who was sacked as a result of his improper conduct — had access to the Central Records System (CRS) of the department.

An inter-departmental email sent after he had been interviewed read:

“A member of staff is alleged to have obtained particulars of an individual from CRS, notified these particulars to his brother who initially committed a burglary on the person in question, and later used the information in the context of extorting money from the victim.

“The brother has been arrested and charged in relation to these offences. Our staff member has also been arrested. He has not yet been charged but I am advised he has admitted to obtaining the victims’ details and providing them to his brother. Gardai expect that he will be charged.”

Scrambled

Officials also frantically scrambled to establish how much computer privilege the employee had and whether he had deliberately amended personal details. “Could he edit/amend records?” one official asked a colleague by email.

“It is not clear what he was doing in accessing these accounts — some with great frequency — so we must eliminate what possibilities exist for him to tamper. He is very bright and has previously worked in the IT sector so would be a good candidate for picking up ways to do things!!”

During an interview the accused said civil servants commonly checked personal details of people they knew.

“He instanced that it was said to him early on … that he was married, before colleagues would have learned of this through conversation etc,” a transcript of the interview read. “He maintained ‘You know we have Civil Servant access here’ was said to him at one point.”

The employee admitted illegally accessing and passing on the information and tendered his resignation. He later withdrew but was subsequently sacked. Information held by the department includes name, date of birth, PPS number and any benefits being claimed, or claimed in the past.

Add comment October 15th, 2007

Safeguards needed for CCTV systems

Minister for Justice Brian Lenihan today announced more funding for community CCTV schemes. Unfortunately these schemes still fail to comply with basic safeguards recommended by the Law Reform Commission nearly ten years in its 1998 Report on Privacy.

Experience in other jurisdictions have shown that CCTV systems are open to abuse. Voyeurism by CCTV operators is common, with even the occasional politician as a victim. One English case shows what can happen:

Two council CCTV camera operators have been jailed for spying on a naked woman in her own home. Mark Summerton and Kevin Judge, from Sefton Council, Merseyside, trained a street camera into the woman’s flat… The images from the camera, including the woman without her clothes on, were shown on a large plasma screen in the council’s CCTV control room in November 2004, Liverpool Crown Court heard.

Over several hours, she was filmed cuddling her boyfriend before undressing, using the toilet, having a bath and watching television dressed only in a towel.

What safeguards are there in Irish law? There is a Department of Justice Code of Practice for Community-Based CCTV Systems, which has a limited statutory basis in section 38 of the Garda Siochana Act 2005. But that Code of Practice, though fine as far as it goes, lacks teeth. The worst that can happen if a Community CCTV scheme flouts the Code of Practice is that its authorisation to operate the system might be taken away. There is no provision for civil or criminal sanctions against operators who abuse the system, leaving victims potentially without any redress.

The Minister for Justice did acknowledge today that safeguards were necessary against the abuse of CCTV systems. We agree. The current Code of Practice should be put on a full statutory basis, enforceable by civil and criminal sanctions.

6 comments July 31st, 2007

Welfare Records Leaked to Insurers

Yesterday’s Sunday Times has details of an investigation by the Data Protection Commissioner into leaking of social welfare details to the insurance industry. The text isn’t available online but an excerpt follows:

Welfare Records Leaked to Insurers

Colin Coyle

Civil servants in the Department of Social and Family Affairs “routinely” leak welfare and employment records to private investigators employed by the insurance industry, an inquiry has concluded.

An audit of one insurance company discovered that it had access to private data that could only have come from confidential social welfare records. An examination of the records of a second insurer reached the same conclusion.

The data protection commissioner, who carried out the investigation, now believes that the practice of obtaining such information has been and continues to be “systematic” across the industry…

The department said that it has taken strong disciplinary action against any staff who misuse customer information, but refuses to say how many employees have been sanctioned to date.

Two years ago the Sunday Times revealed that at least 72 civil servants accessed the social welfare details of Dolores McNamara, the EuroMillions lottery winner. The department’s system logged over 125 hits on McNamara’s files after she scooped a €115m jackpot. Her social welfare details were subsequently published by a newspaper.

The department refuses to say what sanctions, if any, were taken against those found to have snooped into McNamara’s records…

The inquiry by the data protection commissioner is part of a larger probe into the insurance industry, prompted by newspaper reports and direct complaints to its office alleging private data was being leaked to insurance investigators.

This is just one part of a wider problem of staff in public bodies leaking or selling private information. Recent examples include:
Gardaí leaking details of an assault on Michael McDowell’s son;
Gardaí providing case files to the insurance industry;
Social welfare leaks about Dolores McNamara; and
Garda leaks forcing a family to move home

That last case is particularly interesting. Quite apart from the harm caused to the family, the illegal leaks in that case cost the Irish taxpayer €70,000 in damages and at least that amount again in legal fees. Consequently, one might hope that the financial consequences, if nothing else, will concentrate official minds on securing access to private information.

It’s also important to remember the wider problem revealed by those cases. The government has adopted a policy of matching up various databases using the individual’s PPS number as a unique identifier. This applies to areas as disparate as schools, healthcare, taxation and local authorities. This creates new risks of abuse by allowing public officials easily to access information from other public databases, and potentially allowing an individual to be tracked “from cradle to grave”.

3 comments July 16th, 2007

RTÉ’s This Week on Mobile Phone Tracking

The Rachel O’Reilly murder trial has focused attention on the use of mobile phone tracking. RTÉ’s This Week programme has a segment on the risks of tracking and data retention with contributions from the Data Protection Commissioner and DRI.

1 comment July 16th, 2007

TD requests phone tap investigation

RTÉ News reports that Dr. Jerry Cowley, Independent TD for Mayo, is to ask the complaints referee to investigate apparent official tapping of his telephone:

The independent Mayo TD Jerry Cowley has called for an investigation to establish if his phone is being tapped by gardaí.

He said he had raised the matter with the Minister for Justice, Michael McDowell, and got what he described as a ‘less than satisfactory reply’.

He said his suspicions that his phone might be being tapped had been raised by ‘a series of unusual coincidences’.

But he declined to give any further details of these. He said: ‘I want to know for certain if my phone is being tapped’.

Deputy Cowley has been closely associated with the Shell to Sea campaign which opposes the current Corrib Gas pipeline plans in Co Mayo.

In a democracy it is particularly worrying if the Government is monitoring our communications with our elected representatives with the potential that this will be used to undermine the opposition for political purposes. In the United Kingdom, the Wilson Doctrine addresses these concerns by prohibiting the tapping of MPs’ (and Peers’) telephones. But that rule has no counterpart in Ireland.

1 comment March 29th, 2007

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