Letter sent to Gill Smith DCC Data Protection Officer on 22 Aug 2002. Despite the letter raising serious concerns about DCC computer systems, only a dismissive reply has ever been received. No action has been taken in libraries.
Data Protection Act: library computers
I am writing to seek your comments on the procedure used to reserve a session on public access computers in Devon libraries before introduction of the new computerised system. I believe the procedure could endanger the personal safety of library users by, in effect, releasing personal details to third parties without their consent.
Under the old system (still used in Exeter library when last I visited) a session had to be booked by printing ones name on a reservation sheet. It was possible to read these names freely and to associate them with any particular person using a computer in the library at the time.
Under a plausible scenario, an intending rapist sees a likely victim, a young woman whose body he finds particularly appealing. He then determines her name, neatly printed, from your lists. Often a first name can be obtained from an e-mail site username. Using the Internet or otherwise he may quickly discover her address if she is local and the name is unusual. This can be done without leaving a traceable electronic trail.
Thus, using information made available openly in one of your libraries (and with no option being given to users not to make it available and with penalties threatened for using a false name) the intending rapist has discovered much of what he needs to know about his next victim, including whether she may live alone. Background details on abuses of published electoral rolls is available on the LACA and JISCmail sites, and I have obtained copies of relevant pages via helpful librarians in other parts of the country. I assume you are fully conversant with the discussions that have taken place.
My questions are as follows:
Is such release of personal information permitted under the Data Protection Act given that it was collected for official library purposes and no option was given to users not to disclose their names and no warning given that such disclosure might lead to their being traced by third parties using systems promoted in libraries and using data provided by Local Authorities?
If such information should not be made freely available under the Act, do you consider DCC libraries are or were in breach of the Act and what consequences could follow?
If such information can be made freely available do you consider in the light of the above that it should continue to be? Assume here please that some libraries are still using the old paper reservation system.
You may assume that some outtake of data has occurred for illustrative purposes and may be cited. The data is not stored at my home or on any of my computers.
You may recognise these enquiries as being connected with letters I have had published in national and regional newspapers concerning the operation of DCC library computer systems. This letter is sent to you separately because discussion may proceed more rapidly than for other matters yet to be disclosed. For this reason a full reply on behalf of DCC should reach me by 10 September.
Please also send me details of the Data Protection Registrar or similar body and any leaflets you have relating to duties and penalties under the Act. Please clarify which body (police or otherwise) are responsible for prosecutions under the Act.
In respect of data stored on the computers used for issuing books, etc., I am surprised that following the upgrade undertaken recently that personal data is still freely available. On 13 August (for example) I was able to associate the name of Mrs XXXXXXX with a book on cystitis. Should members of the public be able so easily to obtain personal data about a borrower including (from some screens) name and address and including in this case a presumed medical condition?
A letter sent to Lynn Osborne addresses these issues in more general terms. I require from you answers to my questions related specifically to operation of the Act.
next page osborne.htm
legal help page library_legal.htm (asking for help from solicitors and barristers)
internet help page internet_privacy_help.htm
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