internet protocol IP addresses within the United Kingdom on 27 occasions by
22 different IP addresses and by 1 in Somalia. After an internal debate it was
resolved that a statement should be made to Parliament and that individuals
still in the United Kingdom, who had been named in the spreadsheet, should be
notified.
5
The discussion was criticised by Ms. Mansoori, for the claimants, because of
its partial focus on reputational damage to the Home Office. I need say no
more about it than that the documents which I have seen, and the evidence of
the senior civil servant Andrew Wren, which I have read and heard, and which
I accept to be truthful and accurate, leaves me in no doubt that Home Office
officials and ministers conducted themselves entirely properly once the data
breach had been discovered. They did consider, and were entitled to consider,
various options for dealing with the problem, including not notifying affected
individuals, before determining on the course in fact adopted - notifying the
Information Commissioner's office (as they were obliged to do and always
intended to do); making a statement to Parliament; and notifying individuals
affected who were still in the United Kingdom.
6
The Information Commissioner's office was notified on 6 December 2013 and
a statement made to Parliament on 12 December 2013. The affected
individuals were notified in January 2014. I reject the suggestion, faintly
advanced by Miss Mansoori, that determination of the issues of liability and
quantum should in any way be affected in a manner adverse to the defendants
by the manner in which Home Office officials and ministers dealt with the
immediate aftermath of the breach.
7
On 24 November 2013 a person who had downloaded the "Key Data on
Family Return Process" page and the spreadsheet uploaded both of them onto a
US website, docstoc.com, an electronic depository aimed at the professional
and business community. It was spotted by the Information Commissioner's
office on 13 December 2013 and taken down on 18 December 2013.
According to docstoc.com, the pages were accessed on 86 occasions but not
downloaded.
8
TLT was notified of the data breach on 12 January 2014. He was told that the
information published included his name and, inaccurately, his date of birth
and some limited details about his immigration case, type and status. It is said
that no other information, for example his address or financial details, had been
published. It advised him to take precautionary measures to protect his
finances and said that he might wish to inform his representative about the data
breach and seek his advice. He did so and, in consequence, his immigration
solicitors wrote to the Home Office asking for further details confirming
exactly what had been disclosed. The Home Office replied on 10 February
BEVERLEY F. NUNNERY & CO.
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