November 20, 2007 at 11:43 pm ·
Posted by Oliver Cooper
Oh, good God, no. Those cretins have done it again:
Two computer discs holding the personal details of all families in the UK with a child under 16 have gone missing. The Child Benefit data on them includes name, address, date of birth, National Insurance number and, where relevant, bank details of 25m people.
In short, the government has given out comprehensive personal and financial details of almost half the population to… well, who knows? It would have to take a particularly stupid criminal to NOT commit fraud on a massive and hitherto unprecedented scale. This comes, of course, at a time when the government wants us to hand over even more information, and centralise it yet further into one handy fraudster-friendly item.
Goodness knows how they manage to keep up their incredible pace, but the Home Office and the Treasury seem to be in a heated battle to prove themselves to each be the most incompetent administrators in the world. I reckon this fuck-up puts the Treasury ahead by a nose, although there’s no doubting the Home Office’s ability to recover from this set-back.
Faux-Chancellor Alistair Darling’s statement to the Commons today would have been risible had it not been a statement of general government negligence and specific personal idiocy.
In [releasing the information] it is clear that the strict rules governing HMRC standing procedures were not followed. These procedures relate to the security and access to data as well as its transit to ensure that data is properly protected.
As this story (and the two other similar stories that he related) prove, these standing procedures don’t ensure anything. If they aren’t followed, they aren’t worth the paper they’re written on. This proves the government’s fundamental inability to be trusted with our information, because no regulation or safe-guard seems adequate to prevent them from giving our vital financial details away.
In terms of protecting confidential data, Her Majesty’s Revenue and Customs is operationally independent of Ministers. It is established by statute. It is run by its Chairman, Paul Gray, and a Board of Commissioners who are responsible for its operations, but answerable to Parliament through me.
So what if it’s operationally independent of Ministers? It’s institutionally dependent upon Ministers, who are responsible for executing the will of Parliament: and, in this case, screwing up big time. If HMRC is answerable to Parliament through Darling, Darling should be held responsible by Parliament.
That’s quite an elementary point of ministerial responsibility, as espoused by Gordon Brown yesterday:
In accordance with the Ministerial Code, Ministers are accountable for the decisions and actions of their Departments, including answers to parliamentary questions.
Huh. Do what the real Chancellor says, Darling. Fall on your sword now, lest one of the 25m people you’ve betrayed and endangered runs it through you. Back to what the condemned man said today:
If someone the innocent victim of fraud as a result of this incident, people can be assured they have protection under the Banking Code so they will not suffer any financial loss as a result.
Wait a minute. The Banking Code? The Banking Code states (under s. 12.12) that the banks accept liability for the loss of financial details of their customers’ details. So, in this case, the government has given away the details, exposed every bank and building society in the UK to yet more risk, and claims that it’s done nothing wrong, because the Banking Code protects consumers. Yes, it protects consumers, but it passes liability to banks, which have done nothing wrong.
In his devastatingly understated attack on the government, George Osborne raised this issue:
If fraud does occur—and of course it is good to hear that there is no evidence of that at present—where will the liability for any losses rest? The Chancellor said at the end of his statement that people would not lose out. Does that mean that the responsibility now rests with the Government, and, in effect, is the Chancellor now offering another general guarantee to depositors and people with bank accounts?
I would say the government should guarantee the deposits, and bear the brunt itself, but they’d only increase taxes to pay for it. It’s lose-lose-lose.
Let me reiterate:
- There is no evidence this data has reached the wrong hands
- There is no evidence of fraud or criminal activity
- Banks and building societies are putting in place safeguards to protect people’s accounts
- Banks and building societies will continue to monitor their accounts
- No-one will suffer any loss if they are an innocent victim of fraud
No, let me reiterate:
- We have no evidence that it has not reached the wrong hands. We know for certain that it’s not where it should be: under lock and key and not allowed to see the light of day.
- Given the scale of the cock-up, with 25m victims, it’s almost impossible to detect fraud.
- Why the heck should they do anything? You dropped them in it. You sort it out.
- Again, why should they? Banks have enough to worry about right now than monitoring people’s accounts because the government screwed us over.
- No-one will suffer any loss. Except banks and building societies and, therefore, their customers and members.
There is no excuse for this fiasco. They shouldn’t have had that information in the first place. They certainly shouldn’t have put it all in one database. And it goes without saying that they shouldn’t have sent it by courier to the wrong address without registering the transit. This is a disaster of monumental proportions, and the government pretends that it’s all OK.
The least that should happen is that Alistair Darling’s head should roll. There is no escaping the fact that the ministerial code requires him to be responsible for all activities in his department, and that includes all agencies over which his department presides, including HMRC.
A more salient lesson can be learned from the government’s attitude towards the debacle. Not only can HMRC not be trusted to handle our information with care, but their refusal to take the blame suggests that they believe this to be an occupational hazard. The fact is that we knew that already, which is exactly why we have consistently opposed the government’s ID card scheme.
This, coupled with recent outbreaks of rank stupidity and incompetence at the Home Office, only go to show that we can trust ministers as far as we can throw them. But, so long as we are throwing them, how about we throw them out? Now: before they give away the other 35m people’s financial details. I’m sure they’ll find a way to do it.