24 August 2012

Privacy breach a warning for others

An article from the Nelson Mail by Laura Basham
In a chilling revelation, an inquiry into the case of ACC emailing sensitive details about more than 6000 claimants to the wrong person reveals it could have happened to any big government agency.
A spreadsheet containing details of the 6000-plus claimants - including more than 200 handled by the ACC's sensitive claims unit dealing with rape and sexual abuse victims - was emailed to Auckland woman Bronwyn Pullar after an ACC staffer mistakenly clicked on it and sent it as an attachment without noticing.
An inquiry yesterday found simple human error was to blame for the breach, which has so far claimed the scalps of a government minister, the chairman and chief executive of ACC and could yet claim further victims as the hunt continues for the person who leaked an email from Pullar support person, former National Party president Michelle Boag, to ACC Minister Judith Collins.
Former ACC minister and Nelson MP Nick Smith said today he was pleased that the reports concluded that Ms Pullar did not receive any extra entitlements or benefits as a consequence of her friendship with him or that she was known through the pipfruit industry and to former ACC director John McCliskie. The inquiries were initiated out of allegations that because Ms Pullar had been involved with the National Party, she had received entitlements, he said.
"These reports show that is not true and that both myself and the board were very clear Bronwyn Pullar should not be treated in any way differently from any other claimant," said Dr Smith.
However, he said he still regretted writing the letter attesting to Ms Pullar's health prior to her accident, that ultimately triggered his resignation from his ministerial portfolios in March.
Dr Smith also noted that the system issue that led to the accidental email of a large file of client information could happen to other government agencies, and said there needed to be a broader review of systems to ensure that did not happen.
The release of the reports concludes the investigations on the ACC issues, but Dr Smith would not be drawn on the issue of his potential return to Cabinet, saying it was up to Prime Minister John Key. "We'll just have to see how it goes."
The report released yesterday remains silent on whether ACC was justified in going to police over claims that Ms Pullar tried to use the data breach to guarantee her benefit for two years - despite four members of the independent review team listening to a tape recording of the meeting where the blackmail threat was alleged to have been made. Police later tossed out the complaint because of a lack of evidence but ACC has so far refused to apologise to Ms Pullar over the claim.
The head of the review team, former Australian privacy commissioner Malcolm Crompton, said the blackmail allegation was outside the inquiry's terms of reference.
The inquiry, commissioned by the Privacy Commissioner and ACC, was one of two reports released yesterday into the mass privacy breach. The second was by Auditor General Lyn Provost. Both reports call for a culture change at ACC, which acting chairwoman Paula Rebstock promised yesterday would occur after the privacy breach raised "profound questions about our management of private information".
Privacy Commissioner Marie Shroff said the breach threw the spotlight on the use of personal information by government agencies.
"Public sector agencies collect information from us on a very large scale, often by compulsion, in a situation where we really have no alternative but to provide it. The information is held these days in vast electronic databases. That information is the necessary lifeblood of those agencies and a major business asset for those agencies. But the bargain for us, the citizens, the clients, is we need to be able to trust those agencies to protect our information and not to misuse it or lose it."
Both reports released yesterday raise questions not just about the privacy breach, but also over the treatment received by Ms Pullar, who was a former high-flying business woman and moved in National Party circles. Mrs Provost found Ms Pullar received special treatment after she approached a former business associate, Mr McCliskie, who was on the ACC board, over her case and he set up a meeting with senior managers.
"Although meetings with such senior ACC officials are not without precedent, few claimants have that opportunity," she noted.
© 2012 Fairfax NZ News

http://www.stuff.co.nz/nelson-mail/news/7541881/Privacy-breach-a-warning-for-others

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