Hundreds of irate UK Parliamentary staffers sue IPSA over 2017 salary spreadsheet publication snafu
- Reference: 1626861670
- News link: https://www.theregister.co.uk/2021/07/21/ipsa_data_breach_lawsuit/
- Source link:
News of the lawsuit emerged after London's High Court rejected a bid for anonymity by the staffers. They sued over a March 2017 blunder by IPSA which saw [1]a spreadsheet containing confidential personal data published on its website , freely accessible by all.
The 216 claimants, who formerly worked in the Houses of Parliament, are suing the public body - formed by the Parliamentary Standards Act 2009, primarily as a retort to the parliamentary expenses scandal - for misuse of private information, breach of confidence, and breach of the Data Protection Act 1998.
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Around 3,000 people received a [3]compensation payout in 2019 from IPSA, though the remaining 216 took their grievance to the High Court after law firm JMW Solicitors advertised that affected staffers might have "a legal claim for compensation and other legal remedies."
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That case was filed with the High Court earlier this year, with JMW attempting to hide the names of the people suing IPSA from the general public. Mr Justice Nicklin, the judge who ruled on that anonymity application, was, however, not impressed by their arguments.
"If these Claimants succeed in the claims they intend to bring, and are awarded damages for the distress over loss of autonomy/control, then the Court will have granted the Claimants an appropriate remedy for the civil wrong that they have established," he said in his judgment
[6]PDF, 18 pages
. "That remedy will not be harmed by the Claimants being identified in any reports of the proceedings."[7]Microsoft broke British and European competition laws, UK reseller tells High Court
[8]US offers Julian Assange time in Australian prison instead of American supermax if he loses London extradition fight
[9]Oi! Our British Airways data breach compo sueball is still going, shouts rival law firm
[10]Ransomware-hit law firm gets court order asking crooks not to publish the data they stole
Appearing to be a group litigation, the IPSA case suggests that the era of lawsuits brought by large numbers of people against organisations they accuse of breaching privacy laws remains in full flow. The legal industry is waiting for [11]the Supreme Court's ruling in Lloyd v Google , which will settle whether foreign-headquartered tech companies can be sued in the English courts for data breaches.
Returning to the IPSA case, Mr Justice Nicklin observed: "The Claimants have not put forward any credible and specific evidence that one or more Claimants is at particular risk," referring to promised "'illustrative summaries' of the harm alleged to have been suffered" not having been supplied as evidence.
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Just to hammer the point home, he added: "No evidence of a risk of specific harm was identified in respect of any individual Claimant by Mr [Nick] McAleenan," the claimants' solicitor.
The claimants also demanded the Press Association tell the rest of the national news media that some people were suing IPSA and didn't want their names published – without telling the PA the names they wanted withheld. Although the judge criticised the PA for its refusal to go along with this demand, it is common sense that you can't avoid naming someone without knowing precisely which names to leave out of reporting.
The court ordered that the claimants' names and addresses were public information but not their "confidential and private information," being the salary details and so on they were suing IPSA for revealing.
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IPSA declined to comment. ®
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[1] https://www.bbc.co.uk/news/uk-politics-39459115
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YPhEnfjNFYVeSfzE@KyyjwAAAFU&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://order-order.com/2019/02/05/ipsa-paying-compensation-parliamentary-staffers-following-data-breach/
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YPhEnfjNFYVeSfzE@KyyjwAAAFU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YPhEnfjNFYVeSfzE@KyyjwAAAFU&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://www.judiciary.uk/wp-content/uploads/2021/07/Various-Claimants-v-IPSA-judgment.pdf
[7] https://www.theregister.com/2021/07/12/valuelicensing_microsoft_competition_lawsuit_270m/
[8] https://www.theregister.com/2021/07/08/assange_us_to_appeal_extradition_ruling/
[9] https://www.theregister.com/2021/07/07/british_airways_data_breach_rival_lawsuit/
[10] https://www.theregister.com/2021/07/06/ransomware_4_new_square_chambers/
[11] https://www.theregister.com/2021/04/30/lloyd_v_google_ico_intervention/
[12] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YPhEnfjNFYVeSfzE@KyyjwAAAFU&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[13] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YPhEnfjNFYVeSfzE@KyyjwAAAFU&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[14] https://whitepapers.theregister.com/
That's one way to look at it, but another way is to ask the question - would you be happy to have your pay and entitlements made public to all of your neighbours? As well as to all of the scam artists and thieves out there? Complete with your address and the amount of hours you work (a good indication of when they can consider you might not be at home)?
Your neighbours might just complain about the poor state of your fence ("Considering how much money your making, you think could take a bit better care of it, no?") or try to hit you up for a loan.
But the Ne'er do wells out there will pay close attention, when it comes to knowing how much you earn, what you might have in your house, and when your likely to be working. That's ripe conditions for becoming a target.
So yes, knowing how much civil servants earn would be nice from a making sure we taxpayers are getting our money's worth (sorry, I mean how much we're getting shafted by), but for the individuals concerned it carries significant risks if not done carefully and properly.
Given the cultivated politics of envy and poor implementation of divide and conquer strategies by successive governments, unfortunately you are correct.
If your neighbours knew you make a bit more than average, they'd be out to skin you alive.
I even put a sticker of a leasing company on my car, so that the nosy ones can think I can't afford it.
would you be happy to have your pay and entitlements made public to all of your neighbours?
You would in Sweden, but we're not in Sweden.
Still, it's good to know that people do still do things differently elsewhere.
People who pay me know my address and a lot of personal information about me.
Anyway, I wouldn't have any problem disclosing my pay to my neighbours, as it is not scandalous.
OK, for myself, I think it's scandalously low, but I guess I'm not the only one thinking this about his/her own salary.
Ditto. The only reason I'd not want my neighbours to know how much I'm paid is because they'd point and laugh.
That said, to follow up on the tiny-village mentality that I mentioned a few days ago in another thread... they probably already know .
I'm employed, I'm paid, I'm not a burden on the social system. That's what's important...
I wouldn't want my neighbours to know my address!
and yet the the high earners at the BBC get theirs made pubic how is this different?
Just like staffers in private firms should have their salaries made available to stockholders. It's a good idea. Also helps employees or prospective employees to ask for equitable remuneration. Let's make it happen!
Also helps employees or prospective employees to ask for equitable remuneration
That means employees should also have access to company accounting books, otherwise how they can be sure they are actually being paid fairly?
> ... claimants' names and addresses were public information.
Quick, somebody tell GDPR.
The judge is wrong
Fred Smith of 22 Acacia Avenue might be 'harmless', but it's an instant prompt to look up his entry in the wild data. So it's not just the name and address being spread around.
Re: The judge is wrong
This! It seemed obvious to me as I read the article.
Look at the bigger view
Name and address are usually publicly available from multiple sources.
The post occupied and information pertaining to it (JD etc) are/should be publicly available (give or take a few 'secret' jobs) as publicly funded jobs *should* be open to application by all with all pertinent information disclosed at time of application.
The renumeration provided for the post *should* by publicly available as it is paid by the taxpayer and should be subject to financial disclosure.
However, the 'public data' snafu is the linking of person A (public data) to job B (public data)" - the link itself could itself be regarded as personal data ...
Interesting one ...
you might have bloody warned us a link was to Order-Ordee
I can do without giving Paul Staines any semblence of my attention
When somebody is paid with taxpayers' money for a public service, I find it logical that all the data are made public.
The ones who pay have the right to know how much they pay and what they get in exchange.
Is the deal so shocking that these staffers fear it is made public?