Information Commissioner Christopher Graham has dismissed reports that his office attempted to “bury” its own bad news – claiming the allegations are a media stunt – despite email evidence to the contrary.
The story centres on revelations that a privately-run website Internet Eyes was paying people up to £1,000 each if they spotted criminal behaviour on CCTV footage from shops and public places.
Privacy International believed the company was in breach of the Data Protection Act, and complained to the ICO. But the watchdog turned down the group’s calls for an investigation.
Anticipating that the decision would not be well received, a series of emails – released under a Freedom of Information request – reveals ICO officials suggested releasing the information on “a busy news day”.
One email from ICO enforcement official Diane Slater to deputy commissioner David Smith said: “…it has occurred to us that the ICO may not wish this release to stand out from the crowd – maybe it world (sic) be better to send the letter today and publish Wednesday or Thursday this week to ‘bury’ it amongst others?”.
Another, from press officer Kirsty McCaskill said: “Yes, we would ideally not want this to attract much publicity but as Privacy International is the complainant this is no easy task.”
She added: “Will do our best to try to pick a day when it looks like a busy news day out there but – as you’ll appreciate – this is difficult to predict.”
In the end, the decision was made public on June 14; the same day that David Cameron announced a major U-turn over NHS reforms, teachers voted to strike and the Home Office admitted 1,200 paedophiles and rapists could use human rights law to have their names removed from the sex offender register.
Simon Davies of Privacy International said: “This episode has cast a more sinister and disturbing light on the activities of the regulator. It has become a danger both to openness and to privacy.”
But Graham has hit back, claiming it was a media stunt: “I am satisfied that the ICO acted with complete integrity in the matter of Internet Eyes. We published the results of our enquiry on 14 June with a full news release.
“Given the complainants’ long track record of media stunts misrepresenting the ICO’s actions, it is perhaps understandable that there was consideration of the presentational issues around the publication of the undertaking we had secured.”
In a separate move, the ICO has revealed that it received £17,000 under the Proceeeds of Crime Act after helping to bring about the successful conviction of two former T-Mobile workers for selling customer data.
Deputy commissioner David Smith said at an event at law firm Bird & Bird that the watchdog received the money as part of the £75,000 fine handed down to the convicted staff.