Feeds

Youth Justice Board about to face legal onslaught

Children's rights group ARCH prepares for war

High performance access to file storage

The Youth Justice Board and the Information Commissioner (ICO) may have reached a polite gentleman’s agreement that, even if the law is being broken, that’s OK for now, because the ICO got it wrong in the first place.

But it may be too little, too late for children’s rights organisation ARCH, which is now threatening local Youth Offending Teams (YOTs) with legal action and costly law enforcement.

The issue was first raised last summer when ARCH noticed that the Youth Justice Board’s new Information management system was uploading data from local YOTs that was potentially personal. That is, although no name or address was held, details such as postcode, age, gender and ethnic status allowed individuals to be identified and therefore this was "personal data" within the meaning of the Data Protection Act.

Furthermore, given the nature of the information being transferred, it was also sensitive and such data could not lawfully be processed unless either the data subject (the young person to whom the information refers) gave explicit consent or its processing was necessary in order for a statutory function to be carried out.

ARCH concluded that neither of these conditions held, so data transfer from YOTs to the YJB’s management information system was unlawful. However, because the ICO had originally mistakenly ruled that the transfer was lawful, in July of this year it was not minded to slap on a notice stopping such transfers from happening. Instead, the ICO handed out advice to the YJB, and the YJB promised to review the issue and – hopefully – put changes to the system in place in October.

Yesterday, ARCH upped the ante, sending out letters to the chief executives of local YOTs in which it states: "If you have uploaded personal data [to the YJB] in the past you acted unlawfully, and you must now ask the Youth Justice Board to delete the information from YJMIS. If you fail to do so or continue to upload personal data to YJMIS we will take enforcement action against you. This may include issuing legal proceedings, and we would apply for you to have to pay any costs that we incur.

"We should be grateful if you would confirm in writing that any personal data uploaded in the past will be withdrawn from YJMIS and that you agree not to upload personal data in the future."

A terse response wings its way over to us from the YJB, as a spokeswoman states: "The Youth Justice MIS helps Youth Offending Teams working in the youth justice system. To ensure appropriate Information Assurance safeguards are in place, the Youth Justice Board has already engaged a CESG approved consultant to work with us and the ICO. We have invited ARCH to discuss their concerns and are awaiting their response."

It is possible that the above letter already constitutes a response: this could be about to turn messy. ®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Big Content goes after Kim Dotcom
Six studios sling sueballs at dead download destination
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
Singapore decides 'three strikes' laws are too intrusive
When even a prurient island nation thinks an idea is dodgy it has problems
Banks slap Olympus with £160 MEEELLION lawsuit
Scandal hit camera maker just can't shake off its past
France bans managers from contacting workers outside business hours
«Email? Mais non ... il est plus tard que six heures du soir!»
Reprieve for Weev: Court disowns AT&T hacker's conviction
Appeals court strikes down landmark sentence
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.