London council fined for leak of its alleged gang member database
The Information Commissioner’s Office (ICO) has fined the London Borough of Newham £145,000 for disclosing the personal information of more than 200 people who featured on a police intelligence database.
The database, known as the ‘Gangs Matrix’, is designed is to record information in respect of alleged gang members.
An ICO investigation found that on 26 January 2017, a Newham Council employee sent an email to 44 recipients that contained both redacted and unredacted versions of the Gangs Matrix.
These had previously been sent to the council by the Metropolitan Police Service (MPS) as part of its work with partners to tackle gang violence.
The 44 recipients included the council’s Youth Offending Team as well as external organisations, including a voluntary agency, that work together to respond to gang related crime.
As a result of the breach, information was shared relating to 203 people, including dates of birth, home addresses, and information on whether they were a prolific firearms offender or knife carrier, as well as their alleged associated gang.
The ICO investigation found that between May and September 2017, rival gang members had obtained photographs of this information via the social media platform Snapchat.
The Gangs Matrix featured in the photographs was the unredacted version that had been disclosed by Newham Council to partners in January 2017.
Due to the timing of the data breach, the fine has been issued under the previous legislation, the Data Protection Act 1998, and not the General Data Protection Regulation and 2018 Act that replaced it last year.
The ICO said that it was not possible to say whether there was a causal connection between any individual incidents of violence and the data breach, but stressed that “significant harm and distress” can be caused when this type of sensitive personal information is
“We recognise there is a national concern about violent gang crime and the importance of tackling it,” said James Dipple-Johnstone, Deputy Commissioner.
“We also recognise the challenges of public authorities in doing this. Appropriate sharing of information has its part to play in this challenge but it must be done lawfully and safely.
“Our investigation concluded that it was unnecessary, unfair and excessive for Newham Council to have shared the unredacted database with a large number of people and organisations, when a redacted version was readily available. The risks associated with such a transfer of sensitive information should have been obvious.”
The investigation also found that Newham Council did not report the data breach to the ICO.
The ICO said that the council did conduct their own internal investigation, but that it did not start until December 2017, which it believes constitutes a a ‘significant time’ after they became aware of the breach.
Additionally, the ICO found that the council did not have any specific sharing agreements, policy or guidance in place to determine how its own staff and partner organisations should handle and use the Gangs Matrix databases securely.
“This is a reminder for organisations handling and sharing sensitive information to make sure they have suitable processes, training and governance in place to ensure they meet their accountability obligations.
“Data protection is not a barrier for information sharing but it needs to be compliant with the law. One of the ways in doing this is by conducting data protection assessments.
“We have a data sharing which provides guidance on how to share data safely and proportionately, and we will soon be publishing an updated code.
“Ultimately, personal information must be processed lawfully, fairly, proportionately and securely, so the community can have confidence that their information is being used in an appropriate way.”
The ICO issued an enforcement notice to the MPS in November 2018, compelling them to make changes to the Matrix so it complies with data protection laws, including providing better arrangements for sharing the Matrix with partner agencies.