Archive for the ‘ICO’ Category

Happy birthday Regulator Watch – you are one year old.

On 14th May 2009 Regulator Watch went live and is now a worldwide phenomenon with a hoard of regular readers, contributors and stalkers. Of course our number one fan is Mrs C from her hovel in Warwickshire together with her numerous entourage of people to whom she complains – the list is far too long and boring.

Wilt having recently made his epic sail from the Mediterranean to the shores of his homeland is back and has gathered much information from Malta. It’s enough to make an old Templar cry in laughter. Much fun will be had. Not so much as lost or stolen files as brand new files – that should get the Information Commissioner and a poor harassed constable of Banbury a phone call. Shiver me timbers mates, the Wilt is back yet again from his sojourn. More travel (business) is on the near horizon, although this time via tarmac and airports as distinct from choppy seas. There might just be a few Salty Dog trips to North Wales – you bet there will.

But what a year Regulator Watch has seen – it has created a bit of a stir among the regulators in social care, the social care press and the press as a whole. Not to mention interest from some political figures and the like minded reasonable thinking people of the Wilt age i.e. sceptical friends of social care (like a critical friend). The police have had complaints (at least two police forces) from Mrs C (bless her), as have the GSCC and a host of other quango and government agencies. A huge fan has of course been James (The Dunes) Plaskitt, now a former MP of Warwick and Leamington Spa, and those he enlisted in his support – various Ministers, Ofsted and the Information Commissioner. All in an effort to close down Regulator Watch and find out who this dreaded Wilt is – they think they know who he is but it is belly breaking with laughter to keep them guessing. It is even more amusing, to Wilt at least, to know that in this hide and seek game that they are nowhere near warm, let alone hot.

It is of course very odd, in fact absolutely crass and indefensible, that on the one hand Mrs C and Dork Plaskitt try to gag Wilt whilst Mrs C breaches every aspect of confidentiality at will and Plaskitt attempted to exclude MPs from FOI requests – fucking brilliant. In true “1984” style this pair wanted to rewrite history and prevent any dissent or opposition. Now in the case of Mrs C she can be understood, she is a simple minded plebeian, but Plaskitt read PPE at Oxford – he must have missed the lectures on democracy.  Fucking Dorks, the pair of them – George Orwell will be laughing in his grave and saying “I told you.” Not that I am suggesting that Mrs C and Plaskitt are Mr and Mrs Stalin – well actually, I am!

And how UK politics have changed – apart from the decimation of Plaskitt! Gordon the Cyclops has gone after tearing out his fingernails hanging onto his desk, Ed the Ferkin Balls is a “has been” (but still an evil looking/acting bastard) and “Dave” the man is farting in the same place where Gordon frequently experienced dysentery – the Number 10 PMs private bathroom. It is rumoured that the party manifesto is used as a bog role!  We have hopes for Dave, after all he got our vote, and our local Conservative MP reckons that this coalition will result in real change.

We can but hope.

The year ahead is going to be very choppy – not only in wave action terms but also in CUTS. Big CUTS! We approve.  Big government (Whitehall/quango) will suffer immense trauma and just several hundred thousands of people will be looking for “real” jobs – you know, like earning a living.  No huge pay offs, a few quid and here is your P45. Oh, and don’t bother attempting to claim dole money cos you will effectively sign up to a contract of doing community work – Wilt needs his lawns, flower borders and fish pond tending to, and a few paint jobs. He will even let you clean his 3 cars. These (so called “employed”) scroungers will become nothing more than the drug taking alcoholics they think themselves to be above – they will all become very reliant on the decreasing state subsidies of other scroungers and beggars, notwithstanding “Cyclops” created a whole host of decent people unemployed through no fault in their work ethic.

And it will not just be Whitehall/quango. Hello local government – the smile is about to be wiped from your face.  A cut of 30% (in numerous places around the UK) will result in major job losses too. Again, we approve. Wilt is not aware of any local authority that will not make cuts in the range of 10 to 20%.

Business, including that of Wilt’s will boom for sure. Gone will be the influx of cheap labour from abroad as the increasing domestic workforce market “gets real” in terms of available options and enterprise flourishes – no longer the Albanian weekly car wash and more like the Swindon Cooperative of Ex-Government Employees Franchise Car Wash. So that these nice Whitehall and quango people fully understand, the current (Albanian) cost of a complete valet of a car is £10 (less the charitable on-cost for pension fund), is usually involving 3 persons, it takes about 30 minutes and they smile. OK they (Albanians) sleep 15 to a room (Gawd the smell must be awful) and might get pissed (for US readers – drunk) on occasion, and at which times lock up your daughters and sons, but you know, it is their choice and for them at least it provides a means to a living.  They certainly provide a service which I will pay for, and do so weekly. How then will our domestic workforce respond in the light of a choice between jobs/enterprise and a reduction in benefits?

We will see.

Anyway, it’s party time and I have to go blow out the candle on the birthday cake.

Wilt

Posted by Wilt on May 15, 2010

Earlier last evening Wilt was contacted by an old friend. He said, “I cannot believe it – now the woman thinks I have some lost or stolen file!” The woman of course is Mrs C – a woman of some infamy on these pages and, it seems, most of the world (including the Milk Marketing Board).

Grasping a large cider I ask (knowing the answer) what fucking file? “The Happen File” he states. And what has that got to do with you, I ask? “Fuck all, I last saw it in 2002 but it seems to have been stolen or gone missing” says my friend? See earlier article here: http://regulatorwatch.co.uk/2010/02/information-commissioner/

Taking a (large) gulp of cider I ask was it stolen by you, do you have it? A firm “NO” was the reply. And so what is the problem, I ask?

It emerged that a certain PC from Banbury was investigating a lost (stolen) file from the offices of the former Happen Foster Care offices in the same town – Happen Fostercare is now run by Fostering Solutions. They had received an inspection visit from Ofsted wanting to inspect a file on Mrs C but, alas, it could not be found. It is understood that Mrs C had asked Ofsted to investigate – why is unclear. Why Ofsted, even more unclear. Purpose – Gawd knows!

Anyway, continuing:

In response to friend, so you aint got the file? “Never seen it since 2002” was the reply. Any reason you would want it? “Mmmmm, possibly for evidence, but no not really, no” Does XXXXXXX have it? “I do not think so”

OK so what is the problem? “Well, now you ask that, nothing really – I just get pissed off time and time again being harassed by this woman [Mrs C] – what is it with here?”

OK, I say to my friend, (another very large gulp of cider) take it from me she is either mad or evil – I am aware of your view on that. Either way the woman has few places to go and just let her get on with it. The woman has no merit, competence or sympathy with any agency I know, and as you know I have contacts with most.

“Is she on your website (www.regulatorwatch.co.uk) daily as she is mine.” Asks the friend. Oh yes, thrice daily mate (my turn to get a round) and it seems she has a new toy – a Smart Phone. The T-Mobile network if I recollect correctly – I clocked her immediately. My mate replied “so did I”

And so the saga goes on – we suggest Mrs C gets a life (even a job) other than sitting at her (various) pc’s and laptops and newly discovered smart phone – did you know using looked after young people pc’s is not vey professional?  Bad girl!

Anyway we commend our good friend for keeping us alert and wish him god fortune in his new ventures as set out in his press release on his website. Good luck mate.

Meantime, another pint of your best cider – Mmmmmm very refreshing, oh and a pint of ………….

How comes I get most of the rounds of drinks? I need to reflect. Seems the Salty Dog is giving away clues to my wealth – I keep telling the bastard I am poor but says otherwise to my drinking mates. Salty Dog could become best mates with the RSPCA lost dogs home – not really, she would be better off with alcoholics anonymous!

So, we have Mrs C complaining to the ICO, Osted and now her former agency about a file being missing – we thought she was anxious to have every file (except those in her house and in the passion of others she has passed them to e.g. the press) file otherwise cleansed. Very confusing! It does however explain why fostering solutions were all over Regulator Watch like a rash a few weeks ago.

Wilt

Posted by Wilt on February 9, 2010

Wilt has had an interesting letter (actually an email) from the information commissioner:

Dear Sir/Madam

The Information Commissioner has received a complaint about access to personal data via the website www.regulatorwatch.co.uk.

As you should be aware, the Information Commissioner enforces the Data Protection Act 1998 (the DPA). The DPA has eight principles of ‘good information handling’. These give people specific rights in relation to their personal information and put certain obligations on those organisations that are responsible for processing it.

Under section 42 of the DPA an individual can ask the Commissioner to conduct an ‘assessment’, that is, give a view as to whether it is likely or unlikely that an organisation has complied with the DPA in the situation that has been described to us. We are treating this complaint as a request for assessment.

If we consider it is unlikely that an organisation has complied with the DPA our aim is to ensure that the organisation understands its obligations and takes any steps necessary to help ensure compliance with the principles either in that particular case or in the future.

It appears there is a posting on www.regulatorwatch.co.uk entitled “Hansard stuff and Mrs C” dated 13 November 2009. Reference is made in the posting to “Happen Files” as a source material. Our complainant believes this refers to confidential files in relation to an organisation called Happen Fostercare Ltd. Among other things, the posting states:-

“But you will need password access to those. Very revealing indeed, we know. Apply to Wilt for password”.

This statement indicates that the files in question are not available to anyone and there may be some sort of vetting process via the moderator of the site before a password to access the relevant information is provided. However, the situation and procedure regarding access to these files is not entirely clear.

The Seventh Data Protection Principle states that:-

“Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data”.

I do not yet have enough information to assess whether www.regulatorwatch.co.uk is likely to have complied with the requirements of the Seventh Data Protection Principle in this case. I would, therefore, be grateful if you could answer the following questions so I can make my assessment:

1.      Please confirm whether or not the “Happen Files” are confidential files in relation to Happen Fostercare Ltd.

2.      If so, please explain why www.regulatorwatch.co.uk has access to this information and what criteria individuals wanting to access the information need to satisfy in order to obtain a password.

I would appreciate it if you could provide a reply within 28 days of the date of this email. If you are unable to do so, please let me know when you will be in a position to provide it. If you need any more information about this matter, please let me know.

Finally you should be aware that the Information Commissioner often receives requests for copies of the letters we send and receive when dealing with casework.  Not only are we obliged to deal with these in accordance with the access provisions of the Data Protection Act 1998 (the DPA) and the Freedom of Information Act 2000 (the FOIA), it is in the public interest that we are open, transparent and accountable for the work that we do.

However, whilst we want to disclose as much information as we reasonably can, there will be occasions where full disclosure would be wrong.  It is also important that the disclosures we make do not undermine the confidence and trust in the Commissioner of those who correspond with him.

When you reply to this letter, I would be grateful if you would indicate whether any of the information you provide in connection with this matter is confidential, or for any other reason should not be disclosed to anyone who requests it.  I should make clear that simply preferring that the information is withheld may not be enough to prevent disclosure.  You should have a good reason why this information should not be disclosed to anyone else and explain this to us clearly and fully.

Yours sincerely

XXXXXXXXXXXX

Casework & Advice Officer

Tel: 01625 545 758.

Dear XXXXXXXXXXX

Well Mr Commissioner here is your answer.

First, we did notice you taking a look at Regulator Watch, and we hoped you enjoyed it.

We wonder who may have complained – was it Mrs C or Plaskitt MP who wish the records of Mrs C to be cleansed?  We think you need to examine what exactly Mrs C has put in the public domain herself, supplying file upon file of confidential and personal data to numerous agencies and the media. Indeed misleading and sometimes false data, we would add.

However, that is a matter for you.

Mrs C visits the Blog Regulator Watch three times a day usually – she is obsessed, and that would be putting it mildly.

She complains to her MP, who complains to the House of Commons (who point him to you), to the police who know not who regulator watch is nor it seems cares I am advised as there is nothing unlawful in expressing opinions, and to Ofsted who although frequent visitors to the website are acting beyond their powers – we think the latter need to concentrate on getting their own house in order, especially when it comes to lost files (down the back of filing cabinets) relating to Sharon Shoesmith (of Baby P fame). Of course Mrs C also complains (about the wrong person) to the GSCC who anyway find nothing wrong with the website Regulator Watch and we hate to think who else – Milk Marketing Board possibly?

Hence, you are left with the problem – lucky you!

We hope you liked the website – thousands do judging by traffic reports.

Despite the fact that Regulator Watch is NOT AN ORGANISATION nor is Wilt REQUIRED TO BE REGISTERED AS A DATA CONTOLLER I will however indulge you, in public, with an answer to your query.

All data held and/or published on the Regulator Watch website (password protected or not) is already either in the public domain, released under the FOI Act or personal to individuals who have either released it to Regulator Watch and in some instances contained in public court proceedings.  Therefore whoever has access to data (password protected or not) is irrelevant.

The area on the website (password protected) “Happen Files” is a private area and access to which is entirely at my discretion – was that you the other day from Warrington writing to me asking for a password to help with your PhD research? Warrington I think is quite close to the ICO? Naughty boy?

Wilt gets up early in the morning – so do not try to play silly games with him.

“Happen Files” contains nothing which as outlined above is not already public or released under FOI requests or otherwise released from personal files voluntarily by the individuals concerned.

As you were seeking the “Fisher Report” or “Fisher” (as in ex-police officer Dennis Fisher on behalf of Northamptonshire Council) whilst on our website (www.regulatorwatch.co.uk) you will have found nothing relating to it on Regulator Watch. We understand however that your complainant is very desperate to keep this out of the public domain. We wonder why?

Anyway, dear Commissioner, have fun. Best wishes to Mrs C and odd fellow Plaskitt MP – you know that thieving MP soon to become ex MP of his constituency in Warwickshire. Good luck with Mrs C and God bless you – you will needs Gods help with her. But then you already know that, we understand.

Yours sincerely,

Wilt

ps: how is the weather in Warrington and Cheshire – is Opal (TalkTalk) a good package? Personally I use XXXXXX and they are excellent.

Posted by Wilt on February 4, 2010