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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
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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