If readers want to examine an interesting example of how to manage a data loss, have a look at what happened at the London Borough of Barnet (see references). A data loss involving 9,000 children followed a burglary of the home of a member of staff. The loss included the Council’s computer equipment (a laptop), CD Roms and memory sticks along with other items from the house.
Like most organisations, the Council had implemented procedures and policies to ensure that the personal data on the computer equipment and related portable media were encrypted. Unfortunately, in this case, there were unencrypted personal data stored on CDs and memory sticks which were stolen with the laptop. As there had been a clear breach of Council policies, the member of staff concerned was suspended and data subjects (or in this case, the parents of data subjects) were contacted by a letter. So what is new in this?
Well, I think the new item is the public relations handling of data subjects (and parents). I think the Council formed the view that having reported the data loss to the parents (and presumably the ICO), an Undertaking from the ICO would be a likely end-point of the process. Given this, it followed that the ICO’s publicity machine would be very likely to issue its usual press statement concerning details of the Council’s Undertaking (if there were to be one).
So instead of waiting for the inevitable, LB Barnet took the initative. It published full details of the data loss on its web-site, invited data subjects to ask questions or exercise their right of access, gave details of what it was doing to remedy the situation and provided contact details for those who had questions. The letter to the parents of data subjects and the content of the web-site pages were either signed by the Chief Exec or approved by him.
In this way, the Council managed the bad news instead of the ICO managing it through his usual press release that accompanies an Undertaking. This means that if there were to be an Undertaking and if ICO were to issue a press release, then the subject is “old news”. In fact, is there a need for an Undertaking if the Chief Exec has publicly committed himself to do the things that the Undertaking would require of him?
It will be interesting to see how this pans out in practice. However, consideration of seizing the news agenda when there is a data loss is something that data controllers can do. In addition, one can always follow the Government’s example of identifying “a very good day to bury bad news”. Issuing press releases at 4:00pm on a Friday or the day before a bank holiday is usually a good time for a press release to be missed.
Reference: On the Amberhawk website (http://www.amberhawk.com/policydoc.asp), I have published an analysis of “The Undertaking – 2010” which I think will be the ICO’s enforcement mechanism of choice. For Barnet’s data loss see http://www.barnet.gov.uk/highlights/highlights-schools-data-loss.htm.