Parliamentary Ombudsman rejects request for investigation of loss of prisoner data
23 March 2010
Press release 10/06
There are clear indications of maladministration in the circumstances leading to the loss of prisoner data on a computer data stick by a contractor working for the Home Office but this does not warrant an investigation, the Parliamentary Ombudsman, Ann Abraham, has decided.
In her report, The Ombudsman’s assessment of the loss of personal data by a Home Office contractor, laid before Parliament today, Ms Abraham outlines her decision not to investigate 449 complaints from prisoners and former prisoners about the loss of an unencrypted data stick containing personal information about them. Over 240 Members of Parliament had referred complaints to the Ombudsman’s Office.
In August 2008, a contractor working for the Home Office lost the data stick containing personal data of at least 84,000 prisoners, including names, addresses and some offence codes. In their complaints to the Ombudsman, most of the prisoners said that the loss had caused them worry and anxiety and that this was compounded by a lack of helpful information from the authorities.
In her report Ms Abraham says that while there are clear indications of maladministration in the loss of the data, the Home Office took a number of measures to put matters right, including investigating the breach and considering the risks to those affected. She has not seen any indication of maladministration in the way the Home Office responded to the data loss. She rejects prisoners’ claims for compensation, saying:
"It is clear that the information on the data stick is largely in the public domain. It seemed to me, therefore, that complainants could not reasonably claim to be worried about its contents being made public and I find it difficult to see any merit in a compensation claim for additional anxiety resulting from the loss. Moreover, the Permanent Secretary of the Home Office has asked me to pass on his apologies for this loss of data and for any loss of public confidence in the security of Home Office systems that contain personal data. The contractor has publicly apologised. Overall therefore, I am not persuaded that there is unremedied injustice as a consequence of the loss of the data stick."
However, Ms Abraham observes that the Home Office’s decision not to inform prisoners proactively about the loss, but to leave them to find out through press reporting meant that some of those affected felt that they did not receive sufficient information or reassurances from the relevant authorities. A different, more proactive approach to communication might have avoided the complaints to her Office, she said.
Ends.
Notes to editors
- Ann Abraham holds the post of UK Parliamentary Ombudsman and is also Health Service Ombudsman for England. She is appointed by the Crown and is completely independent of Government and the NHS. Her role is to provide a service to the public by undertaking independent investigations into complaints that government departments, a range of other public bodies in the UK, and the NHS in England, have not acted properly or fairly or have provided a poor service.
- There is no charge for using the Ombudsman's services.
- Number of complaints: In 2008-09 the Parliamentary Ombudsman received 7,608 enquiries about government departments and public bodies (excluding health). There was an 8.8 per cent increase in the number of complaints. The Parliamentary Ombudsman received 818 complaints about the Home Office during the same period.
- Publication details: Parliamentary and Health Service Ombudsman, The Ombudsman’s assessment of the loss of personal data by a Home Office contractor, HC 448 23 March 2010, Press copies of the report are available at www.ombudsman.org.uk or from the Communications Team, Parliamentary and Health Service Ombudsman, Millbank Tower, Millbank, London SW1P 4QP
- Media Enquiries: For other media enquiries please contact the PHSO Press Office on 0300 061 4996.
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