The Information Commissioner – a toothless wonder

The fact that two CD’s with 24 million names have been lost by HM Revenue and Customs is not really surprising. Everyone knows how incompetent government departments are. A good day for the superannuated time servers who staff these machine bureaucracies means never having to say you are sorry. The BBC’s website is now reporting that (surprise, surprise) the discs containing our personal data are definitely maybe still on government premises. Call me cynical but I suspect they will be ‘found’ within the next 48 hours. So some low ranking clerical officer has been suspended pending disciplinary action and HMRC Chairman Paul Gray has resigned but this is not good enough. If this happened in industry the whole senior management team would have to go.

With England loosing their crucial European Cup qualifier Mr. Darling and the senior management team at HMRC must be breathing collective sighs of relief as the heat moves to Steve McClaren and the thirteen muppets who played for England last night.

Very little of the coverage has focussed on the legislation or the potential litigation which might follow in the wake of this blunder. We are supposed to have laws requiring organisations in the public and private sector to treat personal data securely. The Data Protection Act 1998 came into force on 1 March 2000. Under this Act, anyone processing personal information must comply with eight principles of good information handling.

The eight principles state that the data must be: fairly and lawfully processed; processed for limited purposes; adequate, relevant and not excessive; accurate and up to date; not kept longer than necessary; processed in accordance with the individual’s rights; secure and not transferred to countries outside the European Economic area, unless there is adequate protection (www.ico.gov.uk).

Data is defined as information which is about a living person which affects that person’s privacy in the sense that it has the person as its focus or is otherwise biographical in nature. It must also be held in a ‘relevant filing system’. Although there is currently much debate about the definition of ‘a relevant filing system’ there is no doubt that this data was held in such a system.

Individuals and organisations can, in theory, be held liable for infringing these eight principles but the problem is that the Information Commissioner’s Office, the agency responsible for enforcing data protection in the United Kingdom, is virtually toothless. They are understaffed and currently unable to undertake unannounced inspections or audits. The data has certainly not been lawfully processed as defined under the DPA (processing means obtaining, recording or holding information or carrying out any operations on the information or data such as disclosing it or making it available). Furthermore by losing these discs HMRC has not processed the data in accordance with the individual’s right and it has not been treated securely. The data may also have been transferred to countries outside the European Economic area without protection.

What action can be taken? Richard Thomas, Information Commissioner, said on 20th November: ‘This is not the first time that we have been made aware of breaches at the HM Revenue and Customs – we are already investigating two other breaches’. In The Information Commissioner’s Officer Data Protection Legal Guidance it states that the Commissioner is able to serve an enforcement notice upon a data controller (the person responsible for data within an organisation) who has contravened or is contravening any of the Data Protection Principles. Such a notice could require HMRC to ensure there was no repeat of the way in which this data was handled, although it is a little late in the day. However failure to comply with an enforcement notice is an offence unless the person charged is able to show that they exercised all due diligence to comply with the notice. Theoretically everyone who suspects they may be affected could make a request for assessment. On receiving a request for assessment the Commissioner is required to make an assessment as to whether it is likely or unlikely that the processing has been or is being carried out in compliance with the provisions of the Act. 24 million such requests might put the cat amongst the pigeons.

The reality is that there is little the Information Commissioner can do and this makes a mockery of the Act and the office of the Information Commissioner. It would seem we just have to sit back while our personal data travels around the world falling into the hands of crooks and paedophiles whilst Mr. Darling and the senior management team in this government department stand by watching us all hurling abuse at the England manager for a few days before the storm dies down. The effect of this incompetence will last for years, not days. England’s loss to Croatia on the other hand will soon be forgotten should we qualify for the next World Cup.

Live Fast Die Young

The Children’s Society is to set up an independent inquiry to look at all aspects of childhood amid growing concerns over the health and quality of childrens’ lives. Complex family structures and an overwhelming number of exams and assessments means that they’re filling their faces with junk food, spending hours alone in front of computer screens and suffering from stress. Their poor parents, meanwhile, seem oblivious to all this as they rush around trying to cram as much as possible into already overcrowded schedules. It would seem our lives are now lived at breakneck pace with little time for some of the simpler pleasures. Being idle is a sin and slowing down practically unthinkable! The importance of paid work and the primacy of economic competitiveness, whatever the personal costs, is almost accepted wisdom in here in the UK. Having just returned from Italy it has become obvious to me that the contrast in lifestyles between the two countries could not be greater. Sure, the Italians have their own problems and their fair share of stress but they do seem to have their priorities better thought out. The Italian government doesn’t need to trumpet family friendly policies or work life balance initiatives because the society instinctively values leisure time and knows what is important. In Italy the extent to which the different generations mix with ease is also striking. The older members of the community sit around chatting whilst keeping a watchful eye on children playing in the square. At first glance these children seem to be running amok in a very unstructured manner. In reality their play is simple and unhurried while our own children seem stuck in their rooms, glued to shoot ‘em up games or else they are being frantically ferried around from one organised activity to another. The importance of taking a few moments out of the day to sit down for a break is also important for Italians. A coffee stop is considered a virtual human right and there appears to be a national commitment to living life at an even pace. Meals can take hours to consume and lunch is a non-negotiable part of the Italian working day. The typical British schedule, however, leaves us guilt-ridden if we’re still for more than a few moments. Sadly, frantic activity and full diaries have become the norm.  Visitors to Italy should also be aware of a social phenomenon which I have dubbed ‘The Italian Distraction’. Far from being unpleasant this social technique is, in fact, designed to force you to relax. I suspect it may even be some covert government initiative to preserve the quality of Italian life. The Italian Distraction invariably involves two people meeting by chance. There then follows a lengthy conversation about nothing in particular. A third or even a fourth person may join in. After a respectable amount of time a joint decision is invariably taken to continue the discussion over coffee, a glass of wine or perhaps a meal.  Thus, a five minute trip out for a pint of milk could take all morning. Italians do not seem to consider such time wasted – far from it – the Italian Distraction is an important part of daily life. Ultimately, any way of life is all about choices. Here in the UK we’d rather spend our spare time at home engrossed in DIY or consuming in huge shopping malls. The Italians would rather just wander out and about to see what emerges.Obviously, I am generalising and there are exceptions to the rule. I spoke to a number of young Italians who were educated and frustrated, seemingly unable to capitalise on their skills and academic qualifications. Some of these young people told me they wanted to come to the UK where they had heard there were rich pickings. ‘Was it true?’ they asked me. ‘Yes, it’s true. You will probably find a job and earn some decent money,’ I told them. I felt it only fair to point out the downside. ‘Rents and mortgages are high and the food is not only bad but also expensive. More importantly,’ I continued, ‘everything is incredibly hectic and you will probably be so busy commuting and working that you won’t have a life! There will also be less time for your friends and you can forget lunch! The leisurely evening passeggiata with it’s slow stop for gelato or coffee will be replaced by the Great British Pub Crawl which involves liver numbing quantities of alcohol consumed within a staggeringly short time span.  My anecdotal observations of British life seemed to be enough to discourage most I spoke to. Sure, Italy has an underperforming economy, their fair share of corrupt politicians and the world’s most frustrating bureaucracy but it still possesses a great quality of life and there are some things money just can’t buy. What’s the point working crazy hours, sacrificing your family and social life if you’re going to die before your time of a stress related disease due to over work? It is no accident the Italians stay healthier for longer than we do . Maybe it is because they view their existence as a joyful jog rather than some crazy lone sprint where profits and short term efficiency gains are placed above anything else.    

If America were a person …

A version of this post has published on The Washington Post Website. Please feel free to swing by and make a comment. 

 http://newsweek.washingtonpost.com/postglobal/america/2007/07/if_america_was_a_person.html

If America was a person what kind of person might it be? How different might he or she be to someone from Europe. As an Englishman living in Italy the view from here is slightly different. Most Italians and other non-English Europeans think that because our two nations speak the same language and go to war together we are one in the same.

If America was a person what kind of person might it be? Like any person it would, in all likelihood, possess a combination of good and bad qualities. Most English and Italian people really believe that the American economy and society give you a fair chance. Most of the Americans whom I have met fail to understand how much class affects your life chances in the UK. Class is not to do with money but more linked to the bed in which you were born. To be upper class does not mean you are wealthy and to be working class does not necessarily mean you are poor. It is difficult to be more socially mobile in the UK and so we look with envy at what can be achieved by someone with a little hard work and a good idea in the USA. Entry to the older professions in the UK can still depend, in part, on which school you may have attended. I have written a piece about this phenomenon entitled, ‘Old School Tie Strangles the Professions’ [see previous post on this blog]

In Italy family patronage or ‘knowing someone’ still plays a major part in just getting an interview or a start in the world of work. Knowing someone is often better than having the perfect CV (or resume for any American readers). Speculative letter writing rarely works here when searching for a job—I can tell this from bitter experience.

So what of the Americans? Difficult to say really but if I were to meet Andrew or Anna America in a pub I would expect to meet a person louder and perhaps larger than the average Brit. Such a person might be very keen to tell you all about themselves and their achievements. Andrew or Anna America would probably also want to impress upon you that he or she was deeply committed to their family and might even let slip that they undertook good works in the community.

In other words they would always be ‘on’. Brits are ‘off’, in social situations especially, and find it troubling to reveal too much about themselves upon first meeting. They are also a bit suspicious of anyone who needs to be ‘on’. In other words … if you are successful, happy and worthy then you probably shouldn’t need to go around telling people. Most Brits would also think that Andrew or Anna may not know how to laugh at themselves. Laughing at oneself is seen as being an extremely important quality. If Andrew or Anna could not manage a little self-deprecation then the average Brit would think this, ‘a very bad show’. Understatement is widely respected in the UK. For example it is widely believed that the stiff upper lip i.e. getting on with things without making a fuss won us two world wars (we often conveniently forget the major role America played in WW2) and the soccer world cup back in 1966. An Englishman could have his arm hanging off after battle and would be more concerned not to make a fuss, ‘just a small flesh wound old boy! Nothing to worry about!’.  I once spent a whole night sitting next to a guy at a dinner party who told me he was a humble medic who managed a bit of surgery every now and then when nobody else could be found to do the job. ‘I’m usually the last guy they call,’ he said whilst stretching for the cheese board. It transpired he was a top brain surgeon who had saved about four lives that week!

God Bless America and all who sail in her. If America were a person he/she  would probably be no better or worse than anyone else … just different. Your environment moulds you and perhaps in a young nation, such as the USA, knowing who you are is more important. But identity is not always what you do or what you possess. When a culture is young such things more significance and meaning is derived from such things. Here in Italy where I live everyone knows who they are—they have thousands of years of culture and history upon which to draw. There is no crisis of identity or need to impress … but then most people kind find a job!

Ciao

Danny 

Live Fast Die Young

The Children’s Society is to set up an independent inquiry to look at all aspects of childhood amid growing concerns over the health and quality of childrens’ lives. Complex family structures and an overwhelming number of exams and assessments means that they’re filling their faces with junk food, spending hours alone in front of computer screens and suffering from stress. Their poor parents, meanwhile, seem oblivious to all this as they rush around trying to cram as much as possible into already overcrowded schedules. It would seem our lives are now lived at breakneck pace with little time for some of the simpler pleasures. Being idle is a sin and slowing down practically unthinkable! The importance of paid work and the primacy of economic competitiveness, whatever the personal costs, is almost accepted wisdom in here in the UK. Having just returned from an extended writing trip to Italy it has become obvious to me that the contrast in lifestyles between the two countries could not be greater. Sure, the Italians have their own problems and their fair share of stress but they do seem to have their priorities better thought out. The Italian government doesn’t need to trumpet family friendly policies or work life balance initiatives because the society instinctively values leisure time and knows what is important. In Italy the extent to which the different generations mix with ease is also striking. The older members of the community sit around chatting whilst keeping a watchful eye on children playing in the square. At first glance these children seem to be running amok in a very unstructured manner. In reality their play is simple and unhurried while our own children seem stuck in their rooms, glued to shoot ‘em up games or else they are being frantically ferried around from one organised activity to another. The importance of taking a few moments out of the day to sit down for a break is also important for Italians. A coffee stop is considered a virtual human right and there appears to be a national commitment to living life at an even pace. Meals can take hours to consume and lunch is a non-negotiable part of the Italian working day. The typical British schedule, however, leaves us guilt-ridden if we’re still for more than a few moments. Sadly, frantic activity and full diaries have become the norm.  Visitors to Italy should also be aware of a social phenomenon which I have dubbed ‘The Italian Distraction’. Far from being unpleasant this social technique is, in fact, designed to force you to relax. I suspect it may even be some covert government initiative to preserve the quality of Italian life. The Italian Distraction invariably involves two people meeting by chance. There then follows a lengthy conversation about nothing in particular. A third or even a fourth person may join in. After a respectable amount of time a joint decision is invariably taken to continue the discussion over coffee, a glass of wine or perhaps a meal.  Thus, a five minute trip out for a pint of milk could take all morning. Italians do not seem to consider such time wasted – far from it – the Italian Distraction is an important part of daily life. Ultimately, any way of life is all about choices. Here in the UK we’d rather spend our spare time at home engrossed in DIY or consuming in huge shopping malls. The Italians would rather just wander out and about to see what emerges.Obviously, I am generalising and there are exceptions to the rule. I spoke to a number of young Italians who were educated and frustrated, seemingly unable to capitalise on their skills and academic qualifications. Some of these young people told me they wanted to come to the UK where they had heard there were rich pickings. ‘Was it true?’ they asked me. ‘Yes, it’s true. You will probably find a job and earn some decent money,’ I told them. I felt it only fair to point out the downside. ‘Rents and mortgages are high and the food is not only bad but also expensive. More importantly,’ I continued, ‘everything is incredibly hectic and you will probably be so busy commuting and working that you won’t have a life! There will also be less time for your friends and you can forget lunch! The leisurely evening passeggiata with it’s slow stop for gelato or coffee will be replaced by the Great British Pub Crawl which involves liver numbing quantities of alcohol consumed within a staggeringly short time span.  My anecdotal observations of British life seemed to be enough to discourage most I spoke to. Sure, Italy has an underperforming economy, their fair share of corrupt politicians and the world’s most frustrating bureaucracy but it still possesses a great quality of life and there are some things money just can’t buy. What’s the point working crazy hours, sacrificing your family and social life if you’re going to die before your time of a stress related disease due to over work? It is no accident the Italians stay healthier for longer than we do . Maybe it is because they view their existence as a joyful jog rather than some crazy lone sprint where profits and short term efficiency gains are placed above anything else.

Old School Tie Strangles the Professions

The Sutton Trust, a UK based educational charity which campaigns for more students from deprived backgrounds to gain access to British universities, has undertaken a survey in order to come up with the blindingly obvious conclusion that you are unlikely to get a top job in one of the older professions unless you have attended a private school or a decent university. What a surprise! The survey appears to have been no more than a crude review of just one publication entitled Who’s Who, which is best described as a fawning list of the elite. Furthermore the professions reviewed in the survey were a rather limited cross section of the employment market, including Judges, politicians, journalists, medics, and CEOs of FTSE 100 companies.

The Sutton Trust pays no attention to newer professions, the entrepreneurs or those skilled trades people who make very good livings at the top of their chosen fields (often without the need to attend university or a decent school). Many state educated pupils will go onto work in new industries such as IT or within sectors where there is more of a culture of advancement on merit. For example there are many univeristy lecturers and local government officers from state schools. The advertising industry and the media are also two sectors which, although competitive, actively seek employees from a diversity of backgrounds. Within the field of human resources many in senior positions have risen from the factory floor, having worked their way up into white collar jobs (often whilst completing professional exams in their own time or on day release long after they have left school). Nobody in their right mind would seek to challenge the basic thrust of The Sutton Trust’s argument, that those from inner city state schools are routinely denied access to the top jobs in the older more established professions. More should certainly be done to widen access to univeristies, the leading state schools and the long established professions.  We didn’t need The Sutton Trust to thumb through Who’s Who to tell us this!

No account has been taken of the fact that pupils from such backgrounds will vote with their feet by working in sectors which are more welcoming to those from the lower socio-economic groups. You will find former inner city, state educated kids undertaking a variety of jobs in organisations which welcome diversity and where people are judged on their merits and abilities rather than on background and social class.

This survey should have been more thorough, it should have reviewed a wider spread of sectors and professions and applied a little more science to its methodology. A brief glance at some of the well researched policy documents and reports published by The Chartered Institute of Personnel and Development would have provided a broader and fairer picture of the current state of the employment market. Many organisations are struggling to attract and retain talent. The truth is there has never been a better time to be young and hungry – whatever school you went to. There are more options available to those leaving school now than ever before, such as day release, on-the-job training and Modern Apprenticeships. Not everyone wants to become a barrister or an MP and it might be worth noting there a good few plumbers, plasterers and electricians who earn more than some of the top journalists listed in Who’s Who.