The complaints
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The complainants are concerned that the Home Office has lost an unencrypted data stick containing sensitive information about them. They believe that the data stick contains highly sensitive information about them and that, if it were to get into the wrong hands, it could leave them and their families open to retribution from various sources, including their victims and vigilante groups.
Most of the complainants have used a standard template to present their complaints to me and therefore much of the detail of the complaints is similar, albeit they have been slightly personalised. The following areas of concern are representative of the complaints put to me:
- worry and shock about the data loss, and for many this seems to be compounded by a lack of helpful information given to them by the relevant authorities;
- increased anxiety levels and increased stress, which has led to disturbed sleep; many complainants have mentioned not being able to sleep or having nightmares and some have mentioned seeking medical assistance with this; and
- feeling that this situation means that their conviction will stay with them forever; some complainants have commented that it will affect their job prospects.
The complainants are seeking a compensation payment for what they describe as the fear, inconvenience and risk to their own and their families’ safety caused by the data loss. It is not specified how much they are seeking in terms of compensation but it is clear that the majority of complainants believe a compensation payment would be appropriate.
The information contained on the data stick
Before turning to the events giving rise to the complaints, I consider that it would be helpful to clarify at the outset the information I understand is contained on the missing data stick. There seems to be a lack of certainty about the information that is contained on the missing data stick, but the Association of Chief Police Officers’ confidential briefing note on the data loss provides more detailed clarification than I have seen elsewhere. It
seems to me to be the most comprehensive assessment of the missing data and I have used this to inform my decision. The Association of Chief Police Officers estimated that the missing data included:
- approximately 33,000 Police National Computer (PNC) nominal records containing details of names, dates of birth, addresses and PNC identification numbers;
- information on the whole of the prison population of 84,000 subjects, detailing names, dates of birth and in some cases expected prison release dates and Home Detention Curfew Data;
- 10,000 details of Prolific and Priority Offenders[1] containing the names, dates of birth and PNC identification numbers; and
- Drug Intervention Programme data, with approximately 10,000 offenders’ initials, PNC ID numbers and other associated information, including offence details. The offence details were provided as offence codes and so it would take an understanding of the criminal justice system to interpret the relevant codes.
If the Association of Chief Police Officers’ description of the missing data is correct, then it is possible that somewhere between 84,000 (assuming complete overlap) and 137,000 (assuming there is no overlap) people have been affected by the loss. This is clearly significant.
Footnote
[1.]Prolific and Priority Offenders (PPOs) are essentially those offenders who have been identified as committing the most crime and causing the most harm to their communities. The PPO programme provides a joined up, multi-agency offender management model involving representatives from the local police and probation services, local authorities and youth offending teams. The three strands of the programme are: deter, catch and convict, and rehabilitate and settle.
