Section 39 of the Statistics and Registration Service Act-data mining by government agencies
Dear UK Statistics Authority,
It is quite obvious due to the structure of the census that it would be of great interest to various government departments and provides no restriction to access using
Section 39 of the Statistics and Registration Service Act 2007 Subsection (1)
What date and who was responsible for finalised questions?
What safe guards do you have to stop:-
Uk Border Agency
Accessing my private information at will or as PNC computer
H10 looks useful to reassess council tax-how can you guarantee it will not be used?
Section 5 & 22 looks like the ex-pat / terrorist sections-will answers be checked with passport usage?
Section 25-40 looks specifically like DWP/JOB Centre Plus and no doubt they will be given access-please confirm or deny.
H5 and visitors questions look specifically to build a data base of known associates.
Ethnic grouping for possible proven or un proven groups?
How can you prove that Lockheed martin will not covertly pass information to US government or it will not be accessed using
Section 39 of the Statistics and Registration Service Act 2007 Subsection (1) does not apply to a disclosure which:
(a) is required or permitted by any enactment,
(b) is required by a Community obligation,
(c) is necessary for the purpose of enabling or assisting the Board to exercise any of its functions,
(d) has already lawfully been made available to the public,
(e) is made in pursuance of an order of a court,
(f) is made for the purposes of a criminal investigation or criminal proceedings ( whether or not in the United Kingdom),
(g) is made, in the interests of national security, to an Intelligence Service,
(h) is made with the consent of the person to whom it relates, or
(i) is made to an approved researcher.
I will not be Identifying myself to your officers as I believe you have not sufficiently provided information so far that safe guards information miss use and data mining.
Our Reference: FOI01116/Young/QE1
Thank you for your email dated 8 March concerning section 39 of the
Statistics and Registration Service Act and the confidentiality of
personal census data.
The reasons why each question has been included in the census, and an
account of how the questions have been tested and assessed for public
acceptability, are set out in the White Paper ***Helping to shape
tomorrow***, published in December 2008. This is available on the website:
Parliament approved the information to be collected in the census after it
had debated the Census (England and Wales) Order 2009 in December 2009.
The Statistics and Registration Services Act 2007 (SRSA) makes it a
criminal offence, subject to a maximum penalty of 24 months imprisonment
and/or a fine, for a member or employee of the United Kingdom Statistics
Authority (of which the Office for National Statistics (ONS) is the
executive arm) to unlawfully disclose personal information held by the
Authority in relation to any of its functions. Personal census data
remains in the custody and ownership of the United Kingdom Statistics
Authority for 100 years.
Although the Act allows disclosure of personal data in some circumstances,
the key point to note is that the Act does not require this to happen.
Therefore, whilst ONS has the powers to disclose data, it does not have
an obligation to do so, and, indeed, maintains a strict policy of refusing
requests to disclose such data. The UK Statistics Authority***s policy,
and ONS practice, has been, and remains, that:
** the UK Statistics Authority, the ONS and the National
Statistician will never volunteer to disclose personal information for any
** if disclosure is sought, the UK Statistics Authority and the
National Statistician will always refuse to allow it, and will contest the
case to the maximum extent possible under the law, using each stage of
appeal in the Courts if necessary, in order to ensure statistical
confidentiality; and will do so in an open, public and transparent manner,
to the extent permitted under the law; and
** those seeking disclosure will be directed to non-statistical
administrative sources as viable alternatives to statistical information.
This policy would apply to each of the agencies to which you particularly
referred in your email. ONS does not share personal census information
with other government departments or local authorities. There have been
no such disclosures of personal information.
The statistical outputs from the census however, will be used by
government departments and agencies for the purposes of conducting their
own particular statutory functions. That after all is the purpose of the
With regard to your particular concern about Lockheed Martin, you should
be aware that the contract awarded in August 2008 to Lockheed Martin UK is
for the provision of some support services. It is also important to note
that this contract is not with the Lockheed Martin Corporation of Bethesda
USA, but with Lockheed Martin UK which is a UK-based subsidiary.
Lockheed Martin UK manages a range of support services for the census but
is not responsible for the delivery and collection of questionnaires. No
member of Lockheed Martin UK staff will have any access to personal census
data. All contracted staff employed for the purposes of processing the
data are subject to background and security checks prior to being employed
and sign confidentiality undertakings. They are subject to the same legal
constraints on disclosing census data as ONS staff are, and understand
that under the provisions of the Statistics and Registration Services Act
2007, unlawfully disclosing personal data is a criminal offence,
punishable by up to two years imprisonment.
ONS recently commissioned an independent information assurance review, and
this can be found at:
The independent reviewers concluded that:
***the public can be reassured that the information they provide to the
2011 Census will be well protected and securely managed***
You may be interested to see other information about confidentiality and
data security on the ONS website:
I hope that you will be reassured by this information. The information
that the census provides helps central and local government to understand
the needs of local communities, and plan and prioritise billions of pounds
of resources and public spending on housing, education, health and
transport services for years to come. The importance of collecting fully
comprehensive information about the population requires that participation
in the census is mandatory under the provisions of the Census Act 1920,
which makes it a criminal offence to fail or refuse to make a return.
You have the right to have this response to your freedom of information
request reviewed internally by an internal review process and, if you
remain unhappy with the decision, by the Information Commissioner. If you
would like to have the decision reviewed please write to Frank Nolan,
Office for National Statistics, Room 1127, Government Buildings, Cardiff
Road, Newport, Gwent, NP10 8XG.
If you have any queries about this email, please contact me. Please
remember to quote the reference number above in any future communications.
Paul Wearn LLB (Hons)
Office for National Statistics
For the latest data on the economy and society consult National Statistics
Legal Disclaimer : Any views expressed by the sender of this message are
not necessarily those of the Office for National Statistics
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
Dear Paul Wearn,
From an international law professor
If you have an unspent conviction, a review of the nature of the unspent conviction will be undertaken but this won’t necessarily preclude you from appointment.
If you want to discuss the roles or the recruitment process please contact Capita Business Services Ltd on 0845 304 0960
No-one was staying on census night
If no-one was staying at the property on census night then there is no legal requirement for anyone to complete and return the questionnaire for this property. However, a questionnaire has been delivered to every household and if no response is received, census field staff will fill in basic observable details about the property.
There is no obligation to do so, but there are two ways you can help us to make sure the most accurate possible information is collected about that property:
1. visit the property, retrieve the questionnaire, and complete the relevant household questions (H1, H4 and H7-H11 only), or
2. contact the census helpline to arrange for a replacement questionnaire to be delivered to your usual address. Complete the relevant household questions (H1, H4 and H7-H11 only)
I slept in my car in a field=homeless
I would also suggest statutes are contract law and by consent of governed-Where is the contract and where is the consent?
Agents of a private firm who may be criminals with no contract to individual.
1215 The Great Charter of English liberty Which can’t be repealed by parliament statute from what I have found. article 61 lawful rebellion.
1297 Act Of Parliament =Statute
(Magna Carter still legal on governments website)
THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND, AND OF THE LIBERTIES OF THE FOREST; CONFIRMED BY KING EDWARD, IN THE TWENTY-FIFTH YEAR OF HIS REIGN.
I Confirmation of Liberties.E+W
FIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.
XXIX Imprisonment, &c. contrary to Law. Administration of Justice.E+W
NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor [X1condemn him,] but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.
Summing up, law professor says safe guards are useless, we know data will be passed internally.
Unless with implied acceptance where is the contract?
Magna Carta's appear to provide for Harrassment