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06 December 2007 / Timothy Pitt-payne
Issue: 7300 / Categories: Features , Data protection
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Honey, I shrunk the database

Timothy Pitt-Payne considers the legal implications
of the HMRC data disaster

“To lose one parent may be regarded as a misfortune; to lose both looks like carelessness.” And to lose every parent in the country? Even Oscar Wilde’s Lady Bracknell might be left speechless.

On 20 November 2007 the chancellor of the exchequer made a statement to the House of Commons about what he described as “an extremely serious failure” at HM Revenue & Customs (HMRC). In October 2007 a junior official at HMRC sent two CDs to the National Audit Office (NAO) by courier. The disks contained a full copy of HMRC’s child benefits database, including names, addresses, dates of birth, national insurance numbers, and bank and building society account details. There was information about 25 million individuals. The disks were password protected but not encrypted, and the package in which they were sent was neither registered nor recorded. The CDs did not arrive at the NAO. For the past few weeks, every family claiming child benefit has been left wondering if

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NEWS
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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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